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(영문) 의정부지방법원 2014.10.16 2014고단2773

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 of the final judgment.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 27, 2012, a fine of KRW 1,50,000 for the same crime at the same court on June 13, 2013, and a fine of KRW 6,00,00

On July 20, 2014, the Defendant, without obtaining a driver’s license at around 01:40, driven a Drocketing car at approximately 150 meters away from the front day of Guri-si to the front day of Guri-si 465-22, Gurisi-si, in a drunken state of 0.13% alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving and the circumstantial report of drinking drivers;

1. The driver's license ledger;

1. Previous records: The application of criminal records, inquiry and other 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 imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant has no record of punishment exceeding a fine due to the same kind of crime, and that he/she appears to have taken an attitude to not re-offending him/her with his/her mistake divided in depth);

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

1. Article 62-2 of the Criminal Act on Probation and Order to attend a probation and order to attend a compliance driving lecture (the order to be put on probation in consideration of the fact that the defendant repeats drinking driving during the latest two years and to take a compliance driving lecture);