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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단2924
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] The defendant was issued a summary order of KRW 1 million on September 8, 2008 for a crime of violating road traffic law in the Incheon District Court's Vice-Support on September 8, 2008, and a summary order of KRW 4 million on March 21, 2014 for the same crime in the Jung-gu District Court's High-Aid Branch's High-Aid Branch's High-Aid Branch's High-Aid Branch's High-Aid Branch's High-Aid Branch

[2] On August 2, 2015, the Defendant, without a vehicle driver’s license, driven a vehicle with 12km in the direction of approximately 0.209% alcohol level while under the influence of alcohol level of about 0.209% in the blood, from the direction of approximately 12km to the roads of about 117-50, Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Busan, to the high-speed 941 way.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous record of a report on detection of drivers and that of a driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (the same type of power), a copy of summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 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. 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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. A suspended sentence of two years, etc. for a period of ten months (the same criminal record and relationship of a defendant, the background of crimes and crackdown, the fact that drinking is high, the fact that a mistake is repented, and other circumstances, such as the age, sex, condition of health, etc. of a defendant);

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