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(영문) 의정부지방법원 고양지원 2015.10.15 2015고단1643

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On May 9, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch, and on June 25, 2015, issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving on March 14, 2014) at the Seoul Western District Court.

【Criminal Facts】

On June 21, 2015, around 06:00, the Defendant driven a BK7 car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 1km from the front of the restaurant in the mutual influendong, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front of the village street, from around 0.096 to the waters in the area of 607-4, Goyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and drives the said vehicle at the same time without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the report on detection of drivers, the circumstantial report on drivers, and the register of drivers' licenses;

1. An inquiry report;

1. Report of investigation, judgment, indictment, application of the Acts and subordinate statutes on case search; and

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. The fact that the defendant's previous convictions, such as two years of probation, are not less than the previous convictions of the defendant, the fact that the defendant does not have any previous convictions of the same kind and the suspension of execution, and the driver's licenses