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(영문) 의정부지방법원 고양지원 2013.11.29 2013고단1861
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 9, 2007, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court, etc. On November 8, 2007, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on November 8, 2007. On May 16, 201, the Defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch Branch of the Goyang Branch District Court.

【Criminal Facts】

On August 7, 2013, at around 23:45, the Defendant driven a car with nuba without obtaining a driver's license in the state of alcohol alcohol concentration of 0.108% from the 3km section to the roads in front of the Maba-dong Samsung Fran-dong in the Maba-si Maba-si, the Gyeonggi-si Maba-si.

Accordingly, the defendant, who has been punished more than twice by driving a motor vehicle under the influence of alcohol, once again drives a motor vehicle under the influence of alcohol, and simultaneously drives a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a copy of judgment);

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 an alternative imprisonment with prison labor (including the fact that a person has been punished four times by drinking, non-licenseing, and the fact that drinking is high);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2007; Supreme Court Decision 2006Da1448, Apr. 2, 201)

1. Reasons for discretionary mitigation under Article 62(1) of the Criminal Act;

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