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(영문) 의정부지방법원 2016.01.14 2015고단3674
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 6, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic laws (drinking driving) at the District Court of the Jung-gu District on March 6, 2009, and a fine of three million won for a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court on November 25, 2013, respectively.

[Criminal facts] On August 29, 2015, the Defendant driven a B-wing and high-ranking truck without a driver’s license while under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.137% from the 200-meter section to the front road of the YOriririririri 935, an Eup, Man-si, the draft of which was around 15:06, the Defendant driven a motor vehicle of approximately 0.137% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Statement in the circumstances of driving at home;

1. Previous convictions in judgment: The application of inquiry letter, investigation report (A), and statutes, such as criminal history;

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 (including the fact that there is no criminal record of a suspended sentence or any heavier punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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