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(영문) 의정부지방법원 고양지원 2014.05.23 2014고단209

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 26, 2013, the Defendant received a summary order of KRW 3 million from Seoul Western District Court to a fine for a violation of the Road Traffic Act, and KRW 3 million from Seoul Southern District Court to a fine for the same crime on April 2, 2013.

On January 14, 2014, at around 23:20, the Defendant driven a Csti-type car under the influence of alcohol content of about 0.098%, without obtaining a driver’s license, from about 500 meters in the 5th road of the light village, in which it is difficult to identify the name near the sti-dong of the Csti-type, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-si, the name of which is unknown, at around 23:24 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records before ruling: Application of criminal records, inquiry reports and investigation reports, and Acts and subordinate statutes;

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. Order to attend lectures under Article 62-2 of the Criminal Act;