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(영문) 의정부지방법원 2016.05.13 2015고단4226
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

On August 4, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic laws (drinking driving) at the District Court of Jung-gu on August 4, 201, and was sentenced to a fine of KRW 3 million in the same court on November 25, 2013.

On October 18, 2015, the Defendant driven a BF car under the influence of alcohol content of about 0.092% while under the influence of alcohol without a driver’s license, from around 1.5km to the front road of the So-dong So-dong, So-dong, So-dong, So-dong, So-dong, So-dong, So-dong, the Defendant driven the BF car 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. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for species;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (in spite of multiple types of force, the previous penal force was punished by a fine; the previous penal force was a record of punishment; the drinking volume in this case was not high; and the same crime is not prevented again.

being taken into account the fact in

1. An order to attend a course under Article 62-2 of the Criminal Act;

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