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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단3159
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

On April 26, 2016, the Defendant was sentenced to a fine of KRW 6 million for a crime of violating road traffic laws (drinking driving) in Seoul Southern District Court on April 26, 2016, and a person who violated the duty of prohibiting drinking on at least two occasions by being sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court on July 1, 2009.

피고인은 2017. 9. 14. 22:25 경 강서구 월 정로 160에 있는 대림 아파트 앞 길에서 부터 파주시 법 흥 리 첼 시 아울렛 앞 길에 이르기까지 약 30km 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.129% 의 술에 취한 상태로 B 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver employed at the State, and the details of inquiries about management of the master report;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions as indicated in the judgment: An inquiry report about foreign crime history and an investigation report (applicable to cases falling under Article 148-2 (1) 1 of the Road Traffic Act);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.

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