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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단502
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) and on December 19, 2009 to a fine of KRW 1.5 million as a crime of the same crime.

On March 27, 2013, the Defendant driven a vehicle in the B Sti area without obtaining a driver's license with a blood alcohol concentration of about 0.145% from the 1km section to the front road of the light underground car, as far as the Defendant was in the front of the cafeteria-si Yan-gu, Goyang-si, Seoyang-si, U.S.-si from the front of the cafeteria-si Man-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes, such as criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered that the defendant must support the foreigner's wife);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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