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(영문) 의정부지방법원 2014.09.02 2014고단2174
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million at the Seoul Central District Court for a violation of the Road Traffic Act. On February 14, 2014, the Defendant was sentenced to a suspended sentence of KRW 10 million by the same court for the same crime, etc.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a vehicle of about 5 km from May 18, 2014 to the southyang-do road located in 1037, in the state of under the influence of alcohol with a blood alcohol content of 0.117% without obtaining a driving license at around 03:40 on May 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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 (see, e.g., the fact that the defendant shows his/her attitude to repent in depth while recognizing his/her mistake and that he/she is responsible for supporting his/her mother and his/her married baby);

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