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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단3264
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

Criminal facts

[criminal history] The Defendant was punished five times on February 20, 2014 by a fine of KRW 5 million for a crime of violating road traffic laws (drinking driving) in the Gyeyang-gu District Court on March 20, 2014, and a fine of KRW 3 million for a crime of violating road traffic laws in the same court on August 6, 2014.

[Criminal Facts] The Defendant was under the influence of alcohol level of 0.057% in blood without a driver’s license, and was driving a Crocketing car at approximately 15 km away from the section of 15 km to the road in front of the influent restaurant in the name of Kim Jong-si, Mag-si, Magcheon-si, Magcheon-si, Magcheon-si, Magun-si.

As a result, the defendant violated the prohibition clause on drinking at least twice, and drives a motor vehicle under the influence of alcohol without a driver's license in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's decision to punish him/her by selecting imprisonment with prison labor in consideration of the defendant's records of driving alcohol (for example, five times in total, one time, causing a traffic accident caused by driving alcohol and thus sentenced to suspension of execution), but the punishment shall be determined as ordered in consideration of his/her alcohol level (0.057%) during blood alcohol level, the circumstances leading up to driving without a license for driving alcohol, the distance and place of driving without a license for driving alcohol, the defendant's age, sex behavior, environment, circumstances after crimes, etc.

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