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(영문) 의정부지방법원 2014.08.28 2014고단2086
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 August 13, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the District Court of Jung-gu on August 13, 2007, and a fine of two million won as a same crime in the same court on April 11, 2013.

On June 1, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a BF car under the influence of alcohol with a blood alcohol concentration of 0.050% without a vehicle driver’s license from the front side of the Dog fishery road located in the Dog-dong of the Government-Si, Dog-si to the entrance of the Dog Government Station, which is located in the same city-ro from around 500 meters to the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Detailed details of driver's license taxes;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment of the same summary order) Acts and subordinate 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 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., Supreme Court Decision 2007Da15488, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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