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(영문) 의정부지방법원 고양지원 2014.05.16 2014고단407
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 May 19, 2008, the Defendant was punished by a fine of three million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on May 19, 2008, and on April 19, 2013, the Defendant was punished by a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Pyeongtaek District Court on Pyeongtaek Site, and the same criminal records are more than three times.

On February 28, 2014, at around 21:50, the Defendant driven a Csch Rexton car under the influence of alcohol by 0.104% without obtaining a driver’s license from about 10km section of light village at about 10km from the roads near Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government to the roads in front of the 24-lane of the sunlight village.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into driver's license and the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports and 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. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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