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(영문) 의정부지방법원 고양지원 2013.11.08 2013고단1644
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

[criminal power] On April 22, 2011, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act at the Seoul Central District Court, and on July 26, 2013, the Defendant was issued a summary order of four million won for the same crime.

【Criminal Facts】

At around 22:10 on September 3, 2013, the Defendant, without a car driver’s license, driven a Crocketing car from approximately 5 kilometers in the direction of about 3:5 kilometers of light village to the road front of the 8 complex of the light village, as long as the Defendant was in the shot-gu, Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, Goyang-si under the influence of alcohol content 0.12%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Inquiry into the results of the control of drinking driving, the register of driver's licenses, and the report on the status of drinking drivers;

1. A previous conviction: An inquiry report, an inquiry report, a report on the results of confirmation before the disposition, and application of Acts and subordinate statutes to investigation reports;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1489, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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