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(영문) 의정부지방법원 고양지원 2017.03.24 2017고단292
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act in support of Suwon Southern on March 19, 2007, and a fine of KRW 4 million for the same crime in support of the Republic of Korea on October 28, 2013.

[Criminal facts] On January 14, 2017, the Defendant driven BEX car under the influence of alcohol level of 0.130% while under the influence of alcohol level of 0.130%, without obtaining a driver’s license from around 3km in the same city, Dong, and Dong, Dong, and Dong, from around 01:26 to the roads in front of Dong, Dong, Dong, Dong, Dong.

As a result, the Defendant, who violated the prohibition of drinking at least twice, moved a motor vehicle under the influence of alcohol again, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, inquiry into the results of regulating drinking driving, the circumstantial report on driving without a license, and the driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 53 and Article 55 (1) 6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

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