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(영문) 의정부지방법원 2014.03.24 2014고단109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 30, 2009, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act, and was sentenced to a suspended sentence for 8 months on August 18, 201 for a violation of the Road Traffic Act.

On December 21, 2013, at around 22:36, the Defendant driven a B-tem motor vehicle with a blood alcohol content of 0.102% under the influence of alcohol without obtaining a driver’s license from the Do in front of the main point of “Yannam-si, Yando-Eup, the Namyang-si, the Republic of Korea, to the 512-1st road of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (report on the suspect's previous records and binding of judgment) 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 on the stay of execution (Consideration of the fact of crime, such as the point that reflects the fact of crime and the volume of blood alcohol concentration);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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