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(영문) 의정부지방법원 2014.08.21 2014고단2033
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 15, 2007, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court on February 15, 2007. On July 7, 201, the Defendant was sentenced to a suspended sentence of KRW 2 years with imprisonment for the same crime in the same court.

At around 1:00 on June 2, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven B 2 truck under the influence of alcohol with a blood alcohol concentration of about 0.276% without obtaining a driver’s license from the front of the coast station in the mutual influence inside the west of Jindo-Eup, Chungcheongnam-si, Namyang-si to the front road in front of the 500-meter-si, Namyang-si, Namyang-si, Namyang-si, the Defendant driven B 2 truck under the influence of alcohol concentration of about 0.276%.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports (a summary order and report accompanied by judgment) and 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 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the fact that the defendant shows his attitude of pening him in depth while recognizing the error, and that he again

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act (Article 62-2 of the Criminal Act) (Article 62-2 of the Act on Probation and lecture order shall be placed on probation in consideration of the fact that the accused has been punished for the same kind of crime and that the accused has been sentenced for 8 months of imprisonment for the violation of the Road Traffic Act and 2 years of suspended execution has again been served without driver's license even though he/she has been sentenced for driving in the state of being

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