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(영문) 의정부지방법원 2012.12.26 2012고합630
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2008, the defendant has been sentenced to a fine of 5,00,000 won for the violation of the Road Traffic Act (driving without a license) and a fine of 5,00,000 won for the violation of the Road Traffic Act (driving without a license) and a fine of 6 months for the violation of the Road Traffic Act (driving without a license) at a governmental district court on October 29, 2008.

[2012Gohap630] The Defendant, while under the influence of alcohol content of 0.102% without a car driver’s license, driven a Cwing-off truck from around 50 meters in the section of approximately 50 meters, from the 384 front day of the Yangyang-si, Namyang-si to the road in front of 379 of the same Ri, on August 20, 2012.

[2012 Highest 770] The Defendant, while under the influence of alcohol content of 0.086% without a car driver’s license, driven a C-wing truck in the section of about 10 km from the roads near the Jinncheon-si, Jinyang-si to the roads in the vicinity of the Jincheon-si, Jincheon-si to the roads in front of the restaurant of the “finch-si” cafeteria located in the village of Macheon-si.

Summary of Evidence

[2012 Gohap630]

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal history records, etc. and investigation reports (report accompanied by a copy of summary order accompanied by a copy of the summary order and report accompanied by the copy of the judgment and report on the date of release from the court);

1. Defendant's legal statement;

1. Each drinking driver, each circumstantial report, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of the Act and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to judgments, 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Code for the ordinary concurrent crimes (Article 40 of the Road Traffic Act on August 20, 2012) and the violation of the Road Traffic Act (Article 40 of the Road Traffic Act on August 20, 201).

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