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(영문) 의정부지방법원 2015.10.15 2015고단2815

도로교통법위반(음주운전)등

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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 May 9, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 3.5 million as a fine in the same court on June 23, 2014, respectively.

On June 28, 2015, at around 06:45, the Defendant driven a Cbenz vehicle under the influence of alcohol leveling 0.102% of 0.102% of alcohol level without a driver’s license, from around 1km to around 20, 148, 148, 200 at the port of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and investigation reports (report on the records of drunk driving of a suspect A) Acts and subordinate statutes;

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 alternative imprisonment with prison labor (to choose imprisonment with prison labor in consideration of the repeated driving of drinking without permission during the short term);

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;