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(영문) 의정부지방법원 고양지원 2015.01.22 2014고단2318
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 25, 201, the Defendant was sentenced to a summary order of 1,50,000 won for the violation of the Road Traffic Act, and on September 10, 2009, the same court has been sentenced to a summary order of 700,000 won for the violation of the Road Traffic Act.

On September 23, 2014, at around 21:27, the Defendant, without a car driver’s license, driven a Grand Car on the street in front of the school food in the Pacific-dong, where he had been under the influence of alcohol of 0.058% of the blood alcohol concentration without a car driver’s license, at approximately 400 meters from the same transportation distance to the above.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

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

1. Previous convictions indicated in the judgment: The application of criminal records, reply reports, and attachment of the same electric power judgment (at least 2010 high rankings 16509, 2009 high rankings 14671);

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

1. Article 62 (1) of the Criminal Act;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the punishment as ordered shall be determined by taking into consideration the defendant's previous conviction (four times in total), drinking alcohol or drinking alcohol, distance and place of drinking, his age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;

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