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(영문) 의정부지방법원 고양지원 2013.09.25 2013고단1048
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2008, the Defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) in the Goyang branch court of the Jung-gu District Court on May 19, 2008, and on December 30, 2008, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) in the Goyang branch court of the Jung-gu District Court on December 30, 2008 and was sentenced to a suspended sentence of two years

On May 9, 2013, at around 23:35, the Defendant driven a 124cc calob, without any number plate attached to mandatory insurance, in a state of drinking alcohol concentration of approximately 0.075% from the 1km section of light village 515-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the 870-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving an Oral ba, which was not covered by mandatory insurance in the state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. A circumstantial report on, and a report on detection of, a host driver;

1. Photographs;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation 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. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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