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(영문) 의정부지방법원 2014.02.07 2013고단301
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 March 16, 2009, the Defendant was sentenced to a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Seoul Northern District Court on May 10, 2012, and sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 10, 2012, and was sentenced to a fine of KRW 5,00,000 for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on June 8, 2012.

On January 5, 2013, at around 02:20, the Defendant, while under the influence of alcohol with 0.138% of the blood alcohol concentration without a car driver’s license, was driving the C Costaccom Cor at a section of approximately 100 meters from the roads near the Government-dong-ro of Jung-si to the end park.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. On-site photographs;

1. License inquiry;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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 there is no criminal record other than the previous three-time fines, and the fact that the crime is led to confession and reflects, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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