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(영문) 의정부지방법원 2015.10.14 2015고단2480

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million at the Seoul Northern District Court on March 22, 2010 for a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 4 million on April 27, 2015.

On June 16, 2015, at around 00:08, the Defendant driven the horse side in the section of about 15km while under the influence of alcohol for about 0.143% of alcohol without obtaining a driver’s license from the Nam-gu Busan Metropolitan City to the 1127-4 road in the same city of Jin-Eup, Jin-gu. The Defendant driven the horse side in the section of about 15km of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records, US records and application of Acts and subordinate statutes reporting results;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning 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;

1. The grounds for sentencing in the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act include that the accused has been punished by a fine for drinking driving two times, and that the blood alcohol concentration at the time of the instant crime was significantly high, a punishment shall be determined as ordered by the text.