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(영문) 의정부지방법원 2013.10.10 2013고단3070

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 of the final judgment.

Reasons

Punishment of the crime

On October 13, 2011, the Defendant was issued a summary order of KRW 2,50,000 by a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 8, 201, and a fine of KRW 2,00,000 by a violation of the Road Traffic Act (driving) in the same court on March 8, 2012. On August 21, 2013: (a) on August 21, 2013, the Defendant was driving a B rocketing car with a alcohol concentration of KRW 0.076% under the influence of alcohol level, without obtaining a driver’s license from the front side of the Tyang-do Manan-si, Namyang-do, Seoyang-do, Namyang-do, Mayang-do, 18-8.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), investigation reports (a copy of the same criminal record and summary order attached);

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., that the defendant has a record of being punished twice due to drunk driving, and that the defendant has committed the same kind of crime each year, etc., the defendant shall be punished strictly. However, the defendant should be sentenced as the disposition in consideration of the fact that the defendant is led to confession and not to repeat again, and that there is no record of punishment exceeding the fine, etc.