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(영문) 의정부지방법원 고양지원 2014.05.16 2014고단468

도로교통법위반(음주운전)등

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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 October 28, 2008, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Goyang Branch of the Jung-gu District Court on October 28, 2008. On April 25, 2013, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime from the same support.

On March 10, 2014, at around 21:50, the Defendant driven a BP car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.142% from the section of about 100 meters, from the front day of the restaurant located in the wall dong-gu Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si to the front day of the Taeyangyang-gu, Yangyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, 22:07 on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition of a driving station;

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

1. A driver's license inquiry;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (attached to summary orders and applicable provisions of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant commits an error in writing and promises not to repeat the offense, and all circumstances of the defendant are considered);

1. Article 62 (1) of the Criminal Act (which shall not have any past record of the suspension of execution of imprisonment or more, and shall be repeatedly considered for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;