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(영문) 의정부지방법원 2018.09.11 2018고단2909
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 21, 2015, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on January 18, 2017, respectively.

On June 10, 2018, the Defendant driven a vehicle B 200-car without obtaining a driver’s license for a vehicle with approximately KRW 8 km section from the 01:00 on the ebbbbbbi (E) under the influence of alcohol content of 0.149% at the second-story apartment parking lot located in Yangju-si, Yangju-si, Yangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses and response to requests for appraisal on blood collection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

1. Three times before and after the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That it shall be comprehensively considered that there is no previous driver's license, there is no previous driver's license for the suspension of execution or higher, and the crime of this case

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