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(영문) 의정부지방법원 2014.04.25 2014고단557
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

On November 5, 2007, the Defendant received a summary order of fine of two million won for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on November 5, 2007, a summary order of fine of three million won for the same crime in the same court on August 10, 2009, and a summary order of six million won for the same crime in the same court on March 26, 2013, respectively.

On January 26, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving a BFD car under the influence of alcohol content 0.108% while under the influence of alcohol, without obtaining a driver’s license in about 5km section from the front side of the wave located in the Young-ri-ri in the CF on January 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. A driver's license inquiry;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered that there is no criminal record exceeding the previous fine, in light of the following circumstances: (a) the fact that a person was sentenced to a summary order of a fine of six million won while driving a motor vehicle with the same motor vehicle on January 30, 2013; (b) the fact that the person was sentenced to a penalty of a fine for the same motor vehicle

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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