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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단3871
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic law in the Gyeyang Branch of the Jung-gu District Court on July 19, 2007. On April 15, 2009, the Defendant was sentenced to a summary order of 3 million won for a crime of violating road traffic law (driving), etc. in the same court on April 15, 2009. On October 23, 2015, the Defendant was sentenced to a summary order of 7 million won for a crime of violating road traffic law (driving of alcohol) at the Seoul Western District Court.

Criminal facts

On October 17:32, 2016, the Defendant driven B Poter in the state of alcohol alcohol concentration of 0.274% without obtaining a driver’s license from the front of the funeral hall in the Dong-gu, U.S. to the front of the large-scale store in the same Dong-dong from the day of the funeral hall in the Dong-gu, U.S. to the road in front of the same Dong-dong store.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the records of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the concentration of alcohol in blood, the circumstances of driving, etc.;

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