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(영문) 의정부지방법원 2013.08.30 2013고단1874
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2008, the Defendant issued a summary order of KRW 1,00,000 for a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 23, 2008; on November 17, 2008, the same court issued a summary order of KRW 1,00,000 for a violation of the Road Traffic Act (driving); on April 9, 2013, the same court received a summary order of KRW 5,00,000 for a crime of violation of the Road Traffic Act (driving). On April 20, 2013, the Defendant driven a vehicle with approximately 2 meters in the erodock under the influence of alcohol concentration of KRW 0.11% without obtaining a driver’s license for a motor vehicle on the a alley erof-way in front of the East-gu, 2013.

As a result, the Defendant violated the Article 44(1) of the Road Traffic Act not less than twice without a driver's license and driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D preparation;

1. A report on detection of a host driver;

1. On-site photographs;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of relevant summary order), and the application of a copy of each relevant summary order;

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 Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that no punishment exceeding the fine has been imposed before and after the suspension of execution, circumstances of driving, distance, etc.);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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