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(영문) 의정부지방법원 고양지원 2014.06.20 2014고단599
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 January 12, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on January 12, 2007, and KRW 2.5 million as a fine at the Seoul East District Court on March 5, 2010.

On March 28, 2014, around 01:00, the Defendant driven Ci30 automobiles without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.149% in the range of approximately 200 meters, on the road front of the 1072 Hayang-gu which was in the Goyangyang-gu Hayang-gu Hayang-gu.

Accordingly, the defendant, who has been punished more than twice by driving a motor vehicle under the influence of alcohol, once again drives a motor vehicle under the influence of alcohol, and simultaneously drives a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, reply 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;

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

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