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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단2770

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 January 9, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and KRW 5 million with a fine of KRW 1,00,000 with a fine of KRW 1,00,000 for the same crime.

On October 11, 2015, at around 00:57, the Defendant, without a car driver’s license, driven a BP wing car from approximately 5 K Kmp to the front road of the fireworks Village Oil Station located in the Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-gu, Seoul, in a state of drinking alcohol concentration of 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drunk driving, the report on the state of driver's standing, the report on the state of driver's standing, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to summary orders, criminal records, and inquiry 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was unable to repeat the crime; (b) the time gap with the immediately preceding crime; (c) the occurrence of an accident; and (d) the Defendant’s age, character and conduct, environment, occupation, family relationship, details of the crime, and other various sentencing conditions, including the degree of alcohol level in this case, were determined as ordered.