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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단556

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on August 9, 201, and was issued a summary order of 1.5 million won for the same crime in the same court on August 20, 209.

At around 17:30 on February 16, 2014, the Defendant driven a B-wing truck with a blood alcohol concentration of 0.113% under the influence of alcohol without obtaining a driver’s license from approximately 17km section from the front of a restaurant in the lusium in the lusium in the lusium of the Goyang-si to the front of the lusium in the Goyangyang-si, Goyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act, although there exists a history of punishment as the same type of military force, there is no past record of the stay of execution or more, and the defendant's mistake is divided

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;