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(영문) 의정부지방법원 2014.01.10 2013고단3985
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2007, the Defendant was notified of a summary order of a fine of KRW 3 million with a fine of KRW 1 million with a fine of KRW 1 million with a fine of KRW 4 million with a penalty of a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 14, 2008, and on September 22, 201, at the Seoul Northern District Court on September 22, 201, and violated Article 44 (1) of the Road Traffic Act after being sentenced to a suspended sentence of two years with imprisonment for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on September 22, 201.

1. Around October 22:28, 2013, the Defendant, at around the time of the violation of the Road Traffic Act (driving) driven Cone Star-si under the influence of alcohol content 0.191% from the 500-meter section to the 128-5 ahead of the same road from the Do in which it is impossible to identify the trade name near the Kuri-si Sinsi-si Mari-si Mari-si Do, the Defendant driven Cone Star-si in the state of under the influence of alcohol content.

2. Around 19:00 on October 15, 2013, the Defendant was driving the said Lone Star Co., Ltd without obtaining a driver’s license in the section of about 60km-dong 128-5, Guro-si-si, 128-5, around October 15, 2013, through a closed-end restaurant through which the trade name in the vicinity of the inspection distance from his night-dong Do in the Guri-si, Siri-si, Siri-si, Do in which the trade name cannot be known.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (the previous records of a suspect and attachment reports of judgment) and statutes;

1. Relevant 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), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (see Supreme Court Decision 2001Do6281, Jul. 23, 2002, comprehensively including the point of driving without a license) concerning criminal facts;

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, including Article 62(1) of the Criminal Act.

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