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(영문) 의정부지방법원 2015.04.21 2015고단190

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 October 21, 2010, the Defendant was notified of a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act at the District Court of Jung-gu on October 21, 201, and was notified of a fine of KRW 3,50,000 for the same crime in the same court on February 14, 2014.

On December 25, 2014, at around 14:40, the Defendant driven a car with approximately 2 km B high-speed vehicle from around the Do in front of the Yancheon-si in the Yancheon-si without obtaining a driver’s license with a blood alcohol concentration of 0.206%.

Summary of Evidence

1. Legal statement of the defendant; 1. On the records of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to report criminal records, repeated statements (A) and summary orders of the same kind of case accompanied by a copy thereof;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201

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

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