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(영문) 의정부지방법원 2013.11.01 2013고단3184
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million from a governmental district court on June 19, 2012, and a fine of KRW 5 million from the same court on February 7, 2013 by receiving a summary order of KRW 5 million from each due to a violation of the Road Traffic Act.

On August 21, 2013, at around 22:20, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.059% without obtaining a driver’s license from the Do near the main station located in the Southern-gu Incheon Metropolitan City, to August 21, 2013, from the Do near the main station located in the Nam-gu, Incheon Metropolitan City, to the Do Government-si, Do, 442-12, Do, from August 23:30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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