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(영문) 의정부지방법원 고양지원 2016.04.21 2015고단3649
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On October 1, 2009, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law at the Busan District Court's Dong Branch's branch branch's branch's order on September 1, 201, and a fine of KRW 3 million for a violation of road traffic law at the Jung-gu District Court's District Court's order on September 1, 2015, respectively, and violated Article 44 (1) of the Road Traffic Act at least twice.

[2] On December 7, 2015, the Defendant was under the influence of alcohol content of 0.080% in blood without a vehicle driver’s license, and driving B X-ex motor vehicle from approximately five kilometers in the section of about 5km from the road located in Soyang-si, Soyang-si, to the three-distance period located in 4,000,000,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous record of the situation report of the driver of the vehicle and that of the driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of the summary order and the Acts and subordinate statutes reporting criminal investigations;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. Two years of a stay of execution, etc. for eight months of imprisonment with prison labor for a decision of sentence (the relationship between the previous conviction and the police officer, the background of drinking, the numerical value of drinking and non-licensed driving, the fact that the defendant has a family member who supports the defendant and has no criminal record of a stay of execution or more; and other

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