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(영문) 의정부지방법원 2017.04.21 2017고단77
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 April 6, 2007, the Defendant received a summary order of KRW 1 million for a violation of road traffic law (drinking driving), and on April 3, 2009, the Defendant received a summary order of KRW 2 million for a violation of road traffic law (drawing driving), and on November 4, 2009, at the Jung-gu District Court, issued a summary order of KRW 1.5 million for a violation of road traffic law (drawing driving).

[2] On December 15, 2016, the Defendant violated the provision prohibiting driving of alcohol twice or more, and driven B-A6 car under the influence of alcohol content 0.098% while under the influence of alcohol without obtaining a driver’s license from the 1k section from the 17th shill-ro, Namyang-si, Hongyang-si, Hongyang-si, to the 345 front road in Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which the defendant gets to drive alcohol);

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