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(영문) 의정부지방법원 고양지원 2016.02.17 2015고단2743
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On December 30, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act (drinking on drinking), and on March 2, 2012, a summary order of KRW 3 million as a fine for the same crime was issued from the Suwon Flag Support on March 2, 2012.

[Criminal facts]

1. On September 18, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving on the public parking lot located in the Seo-gu Busan Metropolitan City, Seo-gu, Busan Metropolitan City on September 18, 2015, the Defendant driven a car without the driver’s license in the section of approximately 15km in the aggregate from the above driving high school to the public parking lot again from the above driving school to the public parking lot at around 12:30 on the same day.

2. On September 18, 2015, the Defendant violated the Road Traffic Act (drinking driving) driven a Cyone set vehicle under the influence of alcohol leveling 0.177% from the entrance of a public parking lot located in the Seo-gu, Busan Metropolitan City, Seo-gu to the above parking zone, to around 3 meters in the above parking zone.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Internet output;

1. Previous records: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on criminal investigation reports (componing judgment of drinking drivers for suspects);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 148-2 subparag. 1, Article 44(1) of the relevant Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act, and the selection of imprisonment (it is difficult to deem that the crime is an ordinary competition in light of the content of the public filing instrument);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is disadvantageous that the denial of major crimes with the reason of sentencing under Article 62-2 of the Criminal Act, and the mistake, and that the degree of alcohol in blood was high.

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