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(영문) 의정부지방법원 고양지원 2016.01.14 2015고단3197
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

Criminal facts

On June 21, 201, the Defendant received each summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the District Court around March 21, 201, and KRW 5 million as a fine in the same court around June 20, 201.

On October 16, 2015, the Defendant driven B rocketing car with alcohol content of 0.094% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the 2ndm of the 2ndm of Seo-gu, Seo-gu, Busan, Seo-gu to the front side of the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details of disposition on cancellation of driver's license and the ledger of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes to a written reply to inquiry, such as criminal history, reporting on investigation, reporting on the result of previous conviction before and after the disposition (including a copy of the summary order attached);

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be imposed by selecting and punishing a person who has been sentenced to imprisonment at once taking into account his/her blood alcohol density, the circumstances leading to driving without a license for drinking, the distance and place of driving without a license for drinking, and other types of punishment as ordered in consideration of the defendant's age, sexual behavior, environment, circumstances after the crime, etc.

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