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(영문) 의정부지방법원 2013.11.29 2013고단3509

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 April 26, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on April 26, 2012, and on October 18, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) by the same court.

On September 18, 2013, at around 21:52, the Defendant driven a vehicle under the influence of alcohol level 0.146% under the influence of alcohol level 0.146%, without a vehicle driver’s license, from a section of about 50 meters from the front of the Yacheon-dong, Yacheon-dong, Seoul Metropolitan City to the front of the 501-7 large-scale general water delivery road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Inquiry into the driver's license ledger;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that a person has a previous criminal record of his/her driving four times, who repeats his/her driver's license after his/her driver's license was revoked due to driving under drinking on November 2010); that the drinking alcohol is considerably unfavorable; that he/she has no criminal record exceeding a fine; that he/she has sold a vehicle and

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