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(영문) 의정부지방법원 고양지원 2017.09.15 2017고단2339
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

1. On February 4, 2008, the Defendant is a person who has been issued a fine of KRW 700,000 to a fine of KRW 100,00 as a crime of violating the Road Traffic Act (driving) in the support of drinking water sources by a person who was in violation of the Road Traffic Act on February 4, 2008, and on November 11, 2016, a fine of KRW 4 million as an identical crime in the support of a person who was in violation of the

Nevertheless, on July 30, 2017, the Defendant driven B K5 cars under the influence of alcohol with approximately 0.112% alcohol concentration from the 3km section from the 3km section from the day front of a mutually influent restaurant in the Dongsan-dong meals in the same Gu, Seosan-dong, Busan-dong, and up to the Schlage's front road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. On July 30, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle BK5 without obtaining a driver’s license from the front of a mutual influent restaurant located in the Dong-dong Mealdong, Busan-gu, Gyeonggi-do, which is located in the same Dong-dong, Jungsan-dong from July 30, 2017 to the 3km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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