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(영문) 의정부지방법원 2013.06.11 2013고단639
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 31, 2008, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 5 million in the same court on June 16, 2011. A person who had a record of having been sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving), etc. on June 16, 201. A person who had a record of having been sentenced to a fine of KRW 2 million in the same court on February 21, 2013, “2013rd 639,” and a person who was under the influence of alcohol concentration of KRW 0.087% without obtaining a driver’s license for blood alcohol concentration at around 20:5 on April 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Notification of the results of the control of drunk driving, the report on the state of drinking drivers, the report on the state of drinking drivers, the report on the state of drinking drivers, the report on the state of drinking drivers, the register of driver's licenses (A), and the

1. Previous records of judgment: Application of each criminal history record, inquiry report, investigation report, and Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Point of driving under the influence of alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act; and

(b) Point of driving without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the violation of the Road Traffic Act due to the drinking and driving without a license as of February 21, 2013), Articles 40 and 50 (the punishment imposed on the violation of the Road Traffic Act due to the drinking and driving without a license as of April 20, 2013) of the same Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of Article 38(1)2 and Article 50 of the Criminal Act.

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