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(영문) 의정부지방법원 고양지원 2012.12.28 2012고합421
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on May 31, 2012, for a fine of KRW 6 million for a violation of the Road Traffic Act (driving).

On October 21, 2012, around 22:25, the Defendant driven a car with Cnish-do in the state of alcohol with a 0.08% alcohol concentration at 0.08% under the influence of alcohol without a driver’s license, from the Pungdong-dong Pungdong-gu Pungdong-dong to the roads in front of the same Gu Pungsan-dong Middle School.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (report accompanied by a summary order);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);

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

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