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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단1792
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 November 8, 2007, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 7 million for the same crime in the same court on April 18, 2011.

On June 29, 2016, around 23:10, the Defendant driven a ambling car under the influence of alcohol level of about 0.098% without obtaining a driver’s license from the Rabadong-gu, Yongsan-gu to the 17th road in the Mabadong-gu, Yongsan-gu, Sinsan-si, Sinsan-si, to the 17th road in the Mabadong-gu, Sinsan-gu, Sinsan-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of this.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, report on the control of drinking driving, report on the state of drinking drivers, and register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession and reflection of the defendant, the degree of alcohol values, the records of punishment stated in the judgment, the time gap between each punishment record, the fact that there is no history of punishment exceeding the fine, the fact that there is no history of punishment exceeding the fine, the defendant’s age, character, environment, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, circumstances after the crime, etc., the punishment as set forth in the order

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