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(영문) 의정부지방법원 2014.12.12 2014고단3442

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 November 10, 2005, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspension of execution for the crimes of violation of the Road Traffic Act at the Jung-gu District Court on November 10, 2005; on May 20, 201, the Defendant issued a summary order of 3 million won for the crimes of violation of the Road Traffic Act at the Jung-gu District Court on May 20, 201; on November 30, 2012, the Defendant was sentenced to 1 year and 2 months of imprisonment with prison labor and 2 years of suspension of execution for the crimes of violation of the Road Traffic Act at the Jung-gu District Court on December 8, 2012.

【Criminal Facts】

On July 24, 2014, the Defendant, at around 03:30, without obtaining a driver’s license, driven a car under the influence of alcohol at least 0.182%, as seen above, while driving a car under the influence of alcohol at least two times in the 1km section from the claim apartment in the Nam-gu Seoul Metropolitan City to the entrance of the 529-2 Han-nam apartment in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. The actual survey report and the occurrence of traffic accidents;

1. Statement of the circumstances of the driving of the driving of the driving of the driving of the driver and report on detection of the driver;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and investigation reports (Attachment of previous convictions and written judgments, etc.);

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reason for sentencing Article 62-2 of the Criminal Act, Article 59 of the Probation Act is very high in blood alcohol concentration of the accused and the record of punishment as imprisonment or fine several times for the same crime.