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(영문) 의정부지방법원 고양지원 2016.02.17 2015고단3579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On September 14, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic laws at the Seoul Western District Court on September 14, 2012, and on March 20, 2014, the Seoul Southern District Court issued a summary order of KRW 4 million for a crime of violating road traffic laws (driving alcohol).

[2] On October 18, 2015, the Defendant was driving a B QM3 car under the influence of alcohol concentration of 0.188% while under the influence of alcohol level, without obtaining a driver’s license from around the 5km-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Goyang-si, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous confirmation thereof), and application of Acts and subordinate statutes attached to two summary orders;

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

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is that the Defendant was punished by a majority due to drinking alcohol driving (the Defendant was subject to a summary order by drinking driving at the Seoul Southern District Court), but there is doubt as to whether the Defendant is against the petition by committing the instant crime, such as committing the instant crime, and that it was a high alcohol concentration among the instant blood transfusion.

On the other hand, the execution of the defendant's sex, age, and family relations will be suspended only once by taking into account the fact that the defendant has no record of punishment for suspension of qualifications or more.

It is so decided as per Disposition for the above reasons.

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