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(영문) 의정부지방법원 고양지원 2014.10.31 2014고단1800

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of one million won on September 13, 2007 for a violation of the Road Traffic Act (driving) on September 13, 2007, a fine of two million won on October 11, 2007, and a fine of five million won on April 26, 2013 for a violation of the Road Traffic Act (driving). The defendant was sentenced to a fine of five million won on April 26, 201, and was punished for a drunk driving on two or more occasions.

【Criminal Facts】

On August 14, 2104, at around 22:25, the Defendant driven a horse with B, while under the influence of alcohol content of about 0.07% without a vehicle driver's license, from the section of approximately 2km to the road located in Gyeyang-gu Seoul Metropolitan City 82:30 on the same day from the front of the single house that is linked to the Preamdong-dong, Seoyang-gu, Busan Metropolitan City to the road located in Seoyang-gu 824-9.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. It is highly necessary to impose a fine in light of the fact that the nature of the crime is very poor, such as drinking and repeated driving without a license, even though having been punished by a majority as the power of the same kind and similar in the past of the reason for sentencing under Article 62-2 of the Criminal Act, and that the fine has not been paid even

However, the execution is to be postponed in consideration of the fact that the blood alcohol concentration was not high in the point that the defendant made confession, and the family relation, economic condition, etc. of the defendant.

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