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(영문) 의정부지방법원 2014.06.17 2014고단1172

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 of sentencing.

Reasons

Punishment of the crime

On December 23, 2008, the Defendant issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million with the same court on July 23, 2013 with the same crime.

On March 22, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a Bsch Rexton car under the influence of alcohol content of about 0.059%, without obtaining a driver’s license, from the front day of the CU convenience store of 191-1 CU convenience in the Songcheon-do, Macheon-si, Macheon-si, Macheon-do, 191-1, to the front day of the Songcheon-si, Macheon-do, 214.

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. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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 2006Da1548, Apr. 1, 2007)

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

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