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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3467
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 July 31, 2009, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court’s Branch Branch on July 31, 2009, and a fine of 4 million won as a same crime at the Seoul Southern District Court on March 18, 2016.

On October 21, 2016, around 15:55, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of 0.081% while under the influence of alcohol while under the influence of alcohol without obtaining a driver's license from the wall cremationer of Gyeyang-gu to the 628-17 street of the same Sungdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and investigation status (Attachment to the previous summary order related to drinking and driving without a license) 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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be reflected in light of the fact that it reflects the reasons for sentencing, twice the driving force of drinking, twice the driving force of unlicensed driving, the numerical value of drinking and the distance of driving, etc.

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