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(영문) 의정부지방법원 2014.04.24 2014고단469
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

Criminal facts

On October 202, 2014, at around 20:34, the Defendant, without a car driver’s license, driven B camb car at a section equivalent to approximately KRW 60 meters from the front of the restaurant located in the Gwangjin-gu, Jyang-si, Jyang-si to the front of 112-lane, in the shape of alcohol concentration of 0.223% without a car driving license.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to inquiry into the results of the drinking driving control and driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The positive circumstances for sentencing under Article 62-2 of the Criminal Act: The negative circumstances considering the fact that the defendant again shows an attitude that the defendant misleads the defendant and reflects his/her wrong: The defendant again commits the instant crime even though he/she had been punished for drunk driving and driving without a license in 2011, and the defendant's blood alcohol concentration is very high, etc.

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