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(영문) 의정부지방법원 고양지원 2014.05.23 2014고단379
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 10, 2010, the Defendant received, respectively, a summary order of KRW 5 million from the same court as a fine for a violation of the Road Traffic Act, on October 29, 2010, by the same court, for the same crime, on the same day.

On February 2, 2014, around 23:50, the Defendant driven CM5 vehicles under the influence of alcohol content of 0.109% without a vehicle driver’s license at a section of approximately 300 meters in front of the Lone Star and the same lot, which is located in the CM5 Port Dong-dong, Seoyang-si, Busan Metropolitan City.

The Defendant, who has driven a motor vehicle twice or more, driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (attached documents, such as judgment, etc.);

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;

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

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