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(영문) 의정부지방법원 2015.11.10 2015고단3134
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 December 6, 2007, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for a crime of violation of the Road Traffic Act, etc., and was sentenced to a fine of three million won on April 27, 2015.

On August 17, 2015, at around 00:13, the Defendant driven, without a driver’s license, a passenger car in the state of alcohol with 0.176% alcohol concentration, from around 2km section of approximately 11-107 at the same time to the king-ro 11-107 Saturdays.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. 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 suspended execution (i.e., disposing of the said vehicle while making it difficult to drive a motor vehicle without a license for drinking, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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