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(영문) 의정부지방법원 고양지원 2016.09.09 2016고단1744
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 June 5, 2016, the Defendant received a summary order of KRW 5 million due to a violation of road traffic law (drinking driving), etc. from the Jung-gu District Court (Seoul District Court), and on October 28, 2015, the Defendant received a summary order of KRW 4 million due to the same crime in the same court.

Although the Defendant had been under the influence of twice due to drinking, on June 18, 2016, he driven a B-car without the driver’s license from the roads adjacent to the Yandong-gu Pungdong-gu and the roads adjacent to Dong-dong-dong to the front of the said intersection, while under the influence of alcohol leveling 0.095% of the alcohol level among the blood transfusion around 00:33 on June 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is against the law, the fact that there are two recent drinking driving records, and the drinking value and driving distance, etc. shall be considered; and

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