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(영문) 의정부지방법원 2014.10.31 2014고단2323

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 2, 2009, the Defendant was notified of a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at a district court of the Jung-gu District on April 2, 2009, and was sentenced to a suspended sentence of imprisonment with prison labor for the same crime in the same court on May 12, 201.

【Criminal Facts】

Despite the fact that the Defendant violated the prohibition of drinking driving regulations twice or more, on June 13, 2014, at around 23:00, the Defendant, without a driver’s license, driven CDap car at approximately KRW 300 meters in front of the lake gate located in the Dong-gu Eup Eup/Myeon of Gyeonggi-gu with the alcohol level of 0.125% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records of judgment: Application of references to criminal records and investigation reports (where they are attached to previous records 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. The reason for sentencing for discretionary mitigation under Articles 53 and 55(1)3 (see, e.g., favorable circumstances in the following) of the Criminal Act: (a) the Defendant led to the instant crime; (b) the distance from driving under the influence of alcohol is a short distance; and (c) the Defendant did not cause any specific traffic accident due to the instant drinking and driving without a license; (d) however, the Defendant had the history of having been punished by the suspension of the execution of imprisonment (two times) or a fine (five times) for seven times from June 201 to the latest period of driving under the influence of alcohol or without a license.