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(영문) 의정부지방법원 2015.06.16 2015고단495
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

[criminal power] On January 8, 2007, the Defendant was issued a summary order of KRW 1.5 million at the Jung-gu District Court on the same day as a fine for a violation of the Road Traffic Act, KRW 1.5 million at the same court on February 17, 2009, and KRW 7 million at the same court on February 18, 2014.

【Criminal Facts】

On January 2, 2015, at around 22:31, 2015, the Defendant driven Clcota cargo vehicles with approximately 100 meters alcohol concentration 0.181% under the influence of alcohol without obtaining a driver’s license in front of a company bank located in the Republic of Korea from the Do to the front of a company bank located in the Republic of Korea.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not only twice but also has driven a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the state of his/her primary driving, the state of his/her statement;

1. A driver's license inquiry;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to criminal records, investigation reports (A), and fines for driving under the same kind of suspect;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201

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

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

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