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(영문) 의정부지방법원 2015.10.23 2015고단3046
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 7, 2014, and was sentenced to a fine of KRW 3 million by the same court on April 1, 2015.

On August 12, 2015, at around 11:35, the Defendant driven the Csch Rexroth in the state of alcohol alcohol concentration of about 0.184% without a vehicle driver’s license, from around 300 meters away from the front of the restaurant “Abababan, Ababan, Abdo-Eup, Seoyang-si, Seoyang-si, Seoyang-si, to the same Eup 185-25 (UB).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 (the fact that the defendant shows the attitude of reflecting his/her misunderstanding while recognizing his/her misunderstanding, and that he/she has no record of committing a crime beyond the suspension of execution);

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 on an order to attend a law-abiding lecture to prevent re-offending, taking into consideration the fact that he/she again engages in an act of driving without a driver's license even though he/she had a record of punishment for drunk driving, such as before the judgment of the accused;

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