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(영문) 의정부지방법원 2015.05.12 2015고단212

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

【Criminal Power】 On June 24, 2011, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court on November 18, 201, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 18, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Jung-gu District Court on August 13, 2014.

【Criminal Facts】 As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a D-do motor vehicle at approximately 500 meters away from the front side of the new engineer distance in the Southern-gu Incheon Metropolitan City, Incheon, from the front side of the new engineer distance to the front side of the 6666 U.S., in the Nam-gu, Incheon, under the influence of alcohol by 0.083% on December 5, 2014 without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a result of the influence of drinking alcohol control, and a report on the circumstances of drinking drivers;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that there is no record of punishment exceeding a fine due to the same criminal conduct, and the fact that blood alcohol concentration is relatively low);

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

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