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(영문) 의정부지방법원 2016.03.23 2016고단149
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 30, 2012, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol) at the same court on January 8, 2016, respectively.

[2] On January 4, 2015, the Defendant: (a) driven a B rocketing car within the two kilometers radius from the front of the Eup/Myeon office located in the Republic of Korea due to the influence of 0.187% alcohol while under the influence of alcohol during blood without a driver’s license on January 4, 2015; and (b) from the front of the Eup/Myeon office located in the Republic of Korea due to the influence of 0.187%; and (c) from the front of the Eup/Myeon office located in the Republic of Korea due to

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, reports on the absence of disposition and the results of confirmation, and the application of 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 as a matter of choice (it shall be taken into consideration, such as the fact that the pertinent drinking or non-licensed driving was conducted again despite the possible history of punishment for driving under drinking, and that the blood alcohol concentration is not low);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Amount (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the suspension of execution shall be repeatedly considered);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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