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(영문) 의정부지방법원 2015.09.03 2015고단2117
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

[criminal power] On October 18, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 18, 2012, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 26, 2013, respectively.

【Criminal Facts】

Although the Defendant, while under the influence of alcohol, was in violation of Article 44(1) of the Road Traffic Act on at least two occasions, the Defendant driven a bal car while under the influence of alcohol on April 30, 2015, at around 04:00, the Defendant was under the influence of alcohol with a 0.171% alcohol concentration without obtaining a driver’s license in the 1km section from the front day of the cross-defray in the location of the Gangdong-gu Seoul Metropolitan Governmentcheon-dong to the front day of about 1087, as prescribed by the said cheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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