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(영문) 의정부지방법원 2013.09.27 2013고단2129

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 May 25, 2007, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoju District Court on November 25, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoju District Court on March 31, 201, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jungju District Court on March 31, 201, and on June 13, 2011, the above court issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the above court on June 13, 2011.

At around 22:20 on May 2, 2013, the Defendant: (a) was under the influence of alcohol 0.134% of alcohol while under the influence of 0.134% without obtaining a driver’s license from a section of approximately 500 meters in front of the “child care center at the same Do,” which is located on the upper left side of the two cities; and (b) was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment), including criminal records, etc.;

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 stay of execution (it shall be considered that there are several previous vehicles, in particular, continuous drinking and repeated driving without a license for the same vehicle, and drinking is also reasonable, but there is no punishment exceeding a fine, and driving distance, etc.);

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