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(영문) 의정부지방법원 고양지원 2014.06.13 2014고단741

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 August 1, 2006, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and on October 11, 2013, the Defendant was sentenced to a fine of five million won for the same crime from the Jung-gu District Court Goyang Branch.

On April 15, 2014, around 05:13, the Defendant driven a B observer car under the influence of alcohol content of 0.178% while under the influence of alcohol without obtaining a driver’s license from the Do near the Silsan-dong Do located in the Silsan-dong Port to the front road of the Silsan-dong Yan-dong Dial Styyang-dong Do.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and 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 on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act on the stay of execution has not been punished as the same kind of force, but has no record of the stay of execution or more,

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;