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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단1816
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 27, 2008, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 1,00,000 due to a violation of road traffic law (driving), and on June 25, 2015, the Defendant received a summary order of KRW 2,00,000 as a crime of violating road traffic law (driving) at the Seoul Northern District Court.

[2] On July 8, 2016, the Defendant: (a) driven a car while under the influence of alcohol with approximately 0.112% alcohol level 0.12%, without obtaining a driver’s license from the section of about 6km in the direction of Goyang-gu, Seoyang-gu, Seoyang-si, Seoyang-gu, Seoyang-gu, U.S., U.S. to the road of Goyang-si, Seoyang-gu, Seoyang-gu, U.S., the Defendant: (b) driven the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating drinking driving and a driver's license;

1. Criminal records: Application of inquiry letter, such as criminal history, and investigation report (Attachment to the same criminal suspect's judgment) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 of the Road Traffic Act (non-licensed driving) of the same Act;

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. Taking into account the violation of the reasons for sentencing under Article 62-2 of the Criminal Act, twice the driving force of drinking, the drinking volume and the driving distance, etc.; and

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