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(영문) 의정부지방법원 고양지원 2015.03.26 2014고단3023
도로교통법위반(무면허운전)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 March 30, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 30, 201, and on September 19, 201, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

On November 9, 2014, at around 20:27, the Defendant, at around the road from which it is impossible to know whether it is located in the Dobong-gu, Seocheon-gu, Paju to the road where it is difficult to know whether it is located in the same Eup or Myeon, and without obtaining a driver’s license in a section of about 500 meters of blood alcohol level, driven the Grand Star under the influence of alcohol level 0.071% of alcohol level.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the driver's license, and inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, references (A) and the application of Acts and subordinate statutes to report prior to and after each disposition;

1. Relevant Articles 148-2(1)1, 44(1)1, and 152 subparags. 1, and 43 of the Road Traffic Act concerning the crime (the fact that the crime of this case is the crime of drunk driving), and the choice of imprisonment (the fact that the crime of this case is the crime of drunk driving);

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that the defendant repents his mistake and that the blood alcohol concentration is not high);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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