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(영문) 의정부지방법원 고양지원 2014.01.16 2013고단1972
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 26, 2012, the Defendant issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Goyang Branch District Court (Seoul High Court). On November 17, 2011, the Defendant issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the same court on November 17, 201, and on December 13, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving).

At around 08:20 on September 17, 2013, the Defendant, while under the influence of alcohol by 0.125% without a driver’s license, driven a motor vehicle on the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Investigation report (calculated of blood alcohol concentration at the time of an accident of the accused);

1. Written estimate;

1. Registers of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry statement, investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license) and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment imposed on a violation of the Road Traffic Act with more severe punishment (the punishment specified in the crimes which have not been taken after the accident shall be imposed, but the lowest limit of the punishment shall be

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