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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단1891
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 19, 2017, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on June 19, 2017, and a fine of KRW 2 million for the same crime at the Seoul Western District Court on October 23, 201.

On June 26, 2018, the Defendant driven B, under the influence of alcohol level of about 0.150% during blood while under the influence of alcohol level of about 1km, without obtaining a driver's license from the Raba in the Dong-gu Dong-gu, U.S., U.S. to the 53 international convention test distance (jum-dong), Seo-gu, U.S., Seo-gu, U.S. (U.S.) in the high speed around 01:40 on June 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Investigative reports, reports on the circumstances of drivers who are placed in driving, and inquiries about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by 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 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) there may be a number of records of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) traffic accident is caused during driving without a license; (c) the level of drinking is relatively high; (d) the confession of the crime is made; and (e) the situation at which the defendant is faced and the age of the defendant is against

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