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(영문) 의정부지방법원 2013.08.16 2013고단1508
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 22, 2011, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on February 2, 201, a summary order of a fine of five million won for the same crime in the same court on February 2, 2012, and a summary order of six million won for the same crime in the same court on March 8, 2012, respectively.

[2013 Highest 1508] Around 10:00 on May 4, 2013, the Defendant driven Cpoter cargo under the influence of alcohol level of 0.155% without obtaining a driver’s license in the 1km section from May 4, 2013 to the front road of the “Seoul Flug Flug” in the same Do as the “Seoul Flug-si” road.

[2013Kadan1627] On May 14, 2013, the Defendant driven Cpoter vehicle without obtaining a driver’s license in approximately 4 km section from the 5th Do in the Soakdong-si to the roads located in the same walking in the same city.

[2013 Highest 1886] On June 3, 2013, the Defendant driven a C Poter under the influence of alcohol concentration of about 0.155% without obtaining a driver’s license from a section of about 2 km from the front of the “Cheongyang-dong” restaurant located in Yangyang-dong, Yangyang-si, to the front of the “Cheongyang-dong,” the same Siram-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on the state of the state of the operation of a motor vehicle, and a report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;

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 Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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