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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단461
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 4, 2014, at around 03:25, the Defendant: (a) driven a fenz car with a blood alcohol concentration of 0.070% without a driver’s license, and (b) was negligent in performing the duty to operate the operation of the coo-dong, U.S.-dong, U.S. and No. 35-1, U.S. and caused damage to KRW 17,015 of the repair cost by taking back the back portion of the coo-ray car owned by the Samsung Card Co., Ltd., Ltd., which was parked in the front bank due to negligence while driving the denz car with a blood alcohol concentration of 0.07% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement concerning the F;

1. The actual condition survey report;

1. The circumstantial report on the driver and the report on detection of the driver;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (the point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act (the point of causing damage to property on duty);

1. Punishment for a violation of Article 40 or 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) of the ordinary concurrent crimes;

1. Selection of a sentence of imprisonment without prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be increased by concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment, but the punishment shall be imposed as imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2006) (1)

1. Order to attend lectures under the Criminal Act;

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