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(영문) 의정부지방법원 2013.10.15 2013고단2953
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

At around 23:00 on August 22, 2013, the Defendant driven Bone Star or passenger cars owned by the Defendant without obtaining a driver’s license from approximately 600 meters section from the New Dog of Jin-Eup to the 3-3rd road in Namyang-si, Namyang-si, Namyang-si, to the 3-3rd-3rd-3rd-ro.

Summary of Evidence

1. Defendant's legal statement;

1. The provisions of Acts and subordinate statutes governing the crackdown on drunk driving and the application of such Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the Defendant had been punished twice a fine due to drinking driving, and twice a suspended sentence of imprisonment, the Defendant committed the instant drinking and the crime of unlicensed driving. In addition, there is considerable doubt as to whether the Defendant has shown good mind, and it is doubtful whether the Defendant has any effect on the Defendant’s prior to the suspended sentence.

Nevertheless, considering the fact that the defendant is expected not to repeat again in the future, and the crime of the last suspension of execution was committed on June 2008, the defendant added to the defendant's probation, special matters to be observed, so that one week or more alcoholic beverages are not consumed, and the probation officer's request for the measurement of drinking alcohol is faithfully complied with.

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