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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단2247
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 4, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 4, 2009, and a fine of five million won for the same crime in the Jung-gu District Court on September 13, 2013, respectively.

【Criminal Facts】

On October 2, 2014, from around 23:10 to 23:30, the Defendant driven Bone Star vehicle under the influence of alcohol content of 0.094% without the driver’s license, from around five kilometers in approximately 0.094 to the roads adjacent to the Gyeongyang-gu, Goyang-gu, Goyang-gu, Goyang-si, Goyang-si, Goyang-si, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, the punishment as ordered shall be determined by taking into consideration the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;

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