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(영문) 의정부지방법원 2015.01.23 2014고단3725
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 May 28, 2007, the Defendant issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act, on December 23, 2010, the same court issued a summary order of KRW 2.5 million with the same crime, and on August 9, 2012 with the same court issued a summary order of KRW 5 million with the same crime.

Nevertheless, around October 8, 2014, around 20:25, the Defendant driven a Grand City under the influence of alcohol level 0.081% under the influence of alcohol level 0.081% without obtaining a driver’s license from the Do in front of the “flusium 5, 260-gil-ro, Seocheon-gun, Seocheon-gun, Gyeonggi-do, Gyeonggi-do, to the “flusium 5”-ro 1149 at the peace of the same Eup/Myeon.

Accordingly, the defendant, without obtaining a driver's license, has violated the prohibition of driving under the influence of alcohol not less than twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses and report on the situation of driving without licenses;

1. Previous convictions in judgment: Application of a reply to criminal records, investigation report (former and attachment of judgment) and statutes;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances:

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be the defendant who has been sentenced to a fine several times for the same crime.

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