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(영문) 의정부지방법원 고양지원 2014.05.30 2014고단596
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 11, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Western District Court on January 11, 201, and a fine of 3 million won for the same crime at the Seoul Southern District Court on June 24, 2013.

On March 14, 2014, at around 00:00, the Defendant driven a CEX car with approximately 100 meters alcohol concentration 0.075% under the influence of alcohol without a car driver’s license, from the 100-meter section to the roads adjacent to the new bank located in the same Dong and Dong on the same day, from the 00:02 day from the 00-day-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Report prior to judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and report on results of confirmation;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (in case of the defendant, his/her age is not yet high and considering the economic situation of the defendant);

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration that the criminal defendant has a past record of the same kind of punishment, but has no past record of the stay of execution or higher, and that the criminal defendant has committed a crime not to repeat again as he has

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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