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(영문) 의정부지방법원 2014.11.28 2014고단2497
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 June 5, 2014, at around 06:57, the Defendant driven a C-car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 20km from the front of an influenite, Nowon-gu, Seoul Special Metropolitan City, to the front of an influenite-ro, 102 health-oriented road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the circumstances of driving under the influence of alcohol and a report on the results of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are deemed to continue driving without a license until now after the Defendant was punished as a drunk driving on July 201, considering the following: (a) the Defendant seems to have been under the influence of alcohol and without a license despite having been punished several times of fines for the same crime; (b) the Defendant’s criminal records, character and behavior, environment, and the period of unauthorized Driving, etc. are repeated; (c) the risk of recidivism is high in light of the Defendant’s criminal records, character and behavior, and the Defendant’s blood alcohol concentration was relatively high; and (d) the Defendant’s blood alcohol concentration was relatively high, the Defendant should be sentenced to imprisonment with prison labor for the instant crime; (b) on the other hand, there are extenuating circumstances such as the Defendant’s confession and violation of the instant crime; and (c) the Defendant has no history of having been sentenced to

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