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(영문) 의정부지방법원 고양지원 2017.11.08 2017고단2992
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

On April 14, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Branch Branch, and on October 21, 2015, a summary order of KRW 2 million for the same crime at the Seoul Northern District Court.

A person who had been punished twice or more as a crime of violating the Road Traffic Act by driving a motor vehicle, etc. under the influence of alcohol as above, and was driving a BF motor vehicle under the influence of alcohol with approximately 0.151% alcohol level from the upper end of the 1km to the front end of the same rith president of the household, which was in the middle of the 1km-ri in the middle of the 201st century, without obtaining the driver's license of the motor vehicle on October 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and report on the situation of unlicensed driving;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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 chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

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, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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