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(영문) 의정부지방법원 고양지원 2013.06.07 2013고단594
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 record] On October 11, 2010, the Defendant received a summary order of KRW 2.5 million from the Seoul Northern District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on March 7, 2013 to a fine of KRW 6 million for a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Seoul Northern District Court.

【Criminal Facts】

On April 11, 2013, at around 01:17, the Defendant driven a vehicle C observer-type without a driver’s license, while under the influence of alcohol content of about about about 15 meters on the roads near 541, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. 541.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on proper launch of a driver, details of disposition on cancellation of a driver's license, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, previous records of disposition and investigation reports (Attachment to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative sentence of imprisonment with prison labor (including the previous and several fines, or the fact that the person has been sentenced to imprisonment with prison labor, and the fact that drinking alcohol is high);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that the defendant repents his/her wrong mistake, the fact that the defendant scrapped his/her own vehicle and shows a strong intention not to drive under the influence of alcohol or drive without a license, and that he/she must support his/her family, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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