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(영문) 의정부지방법원 2015.06.12 2014고단4718

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

[criminal power] On June 30, 201, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on June 30, 201, and on June 2, 2014, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, etc., and on August 28, 2014, the judgment became final and conclusive on September 5, 2014.

【Criminal Facts】

On August 13, 2014, at around 00:10, the Defendant driven a C halog car with a alcohol alcohol concentration of about 0.151% in a section of approximately 100 meters from the roads located in the Geum-do Eup located in the Nam-do Seoul Metropolitan City to the roads located in the same Eup/Myeon-ro 1623.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (suspect criminal records);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Circumstances unfavorable to the reasons for sentencing in Article 62bis of the Criminal Code of Probation and Order to Attend Education: The fact that there are several criminal records for the same kind of crime, despite the fact that the crime is repeatedly committed, and circumstances favorable to the fact that blood alcohol concentration is not low: recognition of his mistake and reflectability.