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(영문) 의정부지방법원 고양지원 2017.07.12 2017고단824

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Daejeon District Court in Daejeon District Court on February 27, 2008, and a summary order of KRW 5 million for the same crime in the same court on January 6, 2017, respectively.

On February 23, 2017, the Defendant driven a vehicle for the cuber under the influence of alcohol concentration of 0.078% without a motor vehicle driver’s license in the section of approximately 2 km from the area near the Seoul High Court in the Gyeonggi-si, Gyeonggi-do to the front of the same Eup ridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including a copy of a summary order and accompanying materials);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;