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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단2335
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 201, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 5 million by the same court on May 1, 201, as a crime of violating the Road Traffic Act (driving) at a high-level district court support on March 28, 201, and the same court on May 1, 201, respectively.

Nevertheless, at around 01:06 on July 15, 2017, the Defendant driven a Boper car under the influence of alcohol leveling 0.140% from approximately 20 meters away from the 20m section of 15-20 meters to the front road of Samsung Won-won.

2. On July 15, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a motor vehicle without obtaining a driver’s license from the front day of the Gabari-ri, Gabari-si, Gabari-si, Gabari-si, Giju to the front day of Samsung 215-20, the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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