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(영문) 의정부지방법원 2014.10.23 2014고단2833

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 of the final judgment.

Reasons

Punishment of the crime

On May 7, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on May 7, 2008, a fine of KRW 1 million for the same crime in the same court on May 13, 2010, and a fine of KRW 5 million for the same crime in the same court on July 26, 2012.

On July 26, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a motor vehicle B with fladon without obtaining a driver’s license in approximately 150 meters away from the 150-meter section of alcohol alcohol concentration to the Round-si, which is located in the Masan Ri, in the front of the restaurant in the Magcheon-si, Magsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. A driver's license inquiry;

1. Previouss before judgment: Criminal history records, inquiry reports, investigation reports- the application of summary order-related Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da11448, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;