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(영문) 의정부지방법원 고양지원 2016.03.18 2015고단3654
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 December 11, 2014, the Defendant was sentenced to a fine of KRW 5,500,000 to a fine of KRW 1,500,000 due to a violation of road traffic law (driving), etc. at the ordinary military court of the first Army at the Army, and a fine of KRW 3,00,000,000,000 to a fine of KRW 1,50,000,00,00

Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking), and was driving C-low-income cars in the state of under the influence of alcohol concentration of about 0.170% from the 4km section of approximately 4 km to the middle village of the mountain village in the Seoyang-si, Seoyang-si, Jungyang-si without obtaining a driver’s license around 02:50 on December 9, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: To apply investigation reports (Attachment to the same final judgment attached), references to inquiries, such as criminal history, and other Acts and subordinate statutes;

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. Taking into account the observation of protection and the fact that the sentencing is contrary to the reasons of sentencing under Article 62-2 of the Criminal Act, the drinking volume, and the fact that there are two previous convictions in the same kind;

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