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(영문) 의정부지방법원 2014.12.11 2014고단3112
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 of the final judgment.

Reasons

Punishment of the crime

On August 13, 2014, the Defendant was under the influence of alcohol with 0.097% of the blood alcohol concentration without a driver’s license on August 21, 2014. The Defendant driven a B-learning car at a 1km section from the vicinity of the upper frame of the Yancheon-si's relocation bridge to the front road of the enterprise bank located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant shows his/her attitude of pening in depth when he/she acknowledges

1. Article 62-2 of the Criminal Act to order to attend a lecture [the order to attend a compliance driving lecture shall be also imposed to prevent recidivism, considering that the defendant has a record of punishment twice in 2005 and once in 2014 for the same kind of crime];

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