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(영문) 의정부지방법원 2013.11.20 2013고단3069

도로교통법위반(음주운전)등

Text

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 January 23, 2009, the defendant has been issued a summary order of a fine of three million won or more due to a violation of the Road Traffic Act, etc. by the District Court of the Republic of Korea on January 23, 2009

3. The above summary order is finalized on March 22, 2012, and on March 22, 2012, the Seoul Northern District Court issued a summary order of a fine of four million won or more due to a violation of the Road Traffic Act, etc. and issued on March 2, 2012.

5. 9. A person with the records of violating Article 44(1) of the Road Traffic Act not less than twice, including those for which the above summary order is finalized, and the same drinking and non-licensed driving records are not less than nine times in total.

On September 3, 2013, around 10:27, the Defendant, at the parking lot of the Sung-si Hospital located in the Sung-si, Sung-si, Sung-si, Sung-si, from around 4 km to Yang-si's sublime and parking lot, driven Bone Star-si under the influence of alcohol content 0.114% without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report (1) actual survey report;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 suspension of execution (it shall be considered that there is no provision that the previous department can be used for the same reason, or that there is no provision of punishment exceeding a fine);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;