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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단1470
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 April 10, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on April 10, 2013, and on March 2, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving).

On April 10, 2017, the Defendant driven a car without a driver’s license, with approximately 100 meters alcohol concentration of about 0.119% in blood, while under the influence of alcohol at around 00:42, the Defendant driven a car with B B 20-car without a driver’s license, from the 100-meter section to the road in the same Dong and Dong located in the Dong-gu Dong-dong Port.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflectivity, and circumstances unfavorable to the fact that there is no record of punishment exceeding a fine: The point that the amount of alcohol concentration in blood is not lower than three times the same punishment history and that of alcohol concentration in blood is not lower;

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