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(영문) 의정부지방법원 2013.11.26 2013고단3537
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 the final judgment.

Reasons

Punishment of the crime

On September 14, 2007, the Defendant received a summary order of KRW 4,000,000 from the Seoul Eastern District Court for the crimes of violation of the Road Traffic Act (driving under the influence of sound driving), and on November 29, 201, a person with the record of receiving a summary order of KRW 3,00,000 for the crimes of violation of the Road Traffic Act (driving under the influence of sound driving under the influence of sound driving under the influence of Article 3,00,000;

1. Driving B 2 cargo under the influence of alcohol with a blood alcohol concentration of about 0.096% without a driver's license on the section of about 3km from the roads in which the Government-Si Do-si is not influence to 21:55 on October 16, 2013 and the Road Traffic Act (driving without a license) to the roads in which it is running from the roads in which the Government-Si Do-si is not influence to 1:55 on October 21, 2013 to the roads in front;

2. The owner of B Poter 2 freight in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but operated the motor vehicle without mandatory insurance, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same type of criminal records and the judgment), and application of two copies of the judgment;

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), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating motor vehicles which are not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. An order to attend a course under Article 62-2 (1) of the Criminal Act, and the Act on Probation, etc.;

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