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(영문) 의정부지방법원 고양지원 2013.12.04 2013고단1687

도로교통법위반(음주운전)등

Text

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 July 18, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on July 18, 2008, and was sentenced to a fine of two million won for the same crime in the same court on October 25, 2010, and a fine of two million won for the same crime in the same court on March 30, 201, and on June 21, 201, in the same court on June 21, 201, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (non-licensed driving).

On September 15, 2013, the Defendant driven a B rocketing car under the Defendant’s name while under the influence of alcohol content of 0.184% without a car driver’s license at a section of approximately 20 meters in front of a singing room, where the trade name in the gold village is unknown at the same time as from September 15, 2013.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving without a license;

1. Report on the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Criminal records;

1. Application of Acts and subordinate statutes, reporting prior to disposition and the result of confirmation;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;