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(영문) 의정부지방법원 2013.04.26 2013고단132

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was issued a summary order of a fine of one million won for a crime of violation of the Road Traffic Act (driving on a sound driving) and a fine of 1.5 million won for a crime of violation of the Road Traffic Act (driving on a June 14, 201) by the Jung-gu District Court at the Jung-gu District Court at the Jung-gu District Court on March 14, 2011, respectively, but on December 18, 2012, the Defendant was driving a vehicle of approximately 5km in the section of about 5km from the front of the indoor packing on which it is impossible to identify the name on the both sides of the Seocheon-si, Seocheon-si, Young-si, without a driver's license, to the front of the Seocheon-si in the front of the Gocheon-si, Macheon-si in the same area of about 0.173% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Division: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to summary orders) including criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier 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. The sentencing reasons of Article 62-2 of the Criminal Act, such as the circumstances unfavorable to the defendant, or the fact that the defendant is guilty of having been punished for drunk driving, etc., the punishment as ordered shall be determined by taking into account the circumstances unfavorable to the defendant, the fact that the defendant committed a crime, the fact that there is no criminal record exceeding the fine, the fact that there is no criminal record exceeding the fine, and other sentencing conditions indicated in the