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(영문) 의정부지방법원 2016.07.22 2016고단328
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On June 14, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving of Drinking) in the support for the development of the source of water source method, and on December 16, 2015, respectively.

The Defendant, while under the influence of alcohol on May 24, 201 and October 15, 2015, was driving a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On December 10, 2015, the Defendant, from the road located in Gyeonggi-si, Gyeonggi-do, Inc. on December 21, 201 to the road located in the same city-do-ro 1120-ro 60 miles, driving a motor vehicle under the influence of alcohol concentration of 0.067%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. License register;

1. Details of driver's license revocation;

1. Records of judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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