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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단662
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 July 3, 2007, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act (driving) at the Incheon District Court, and on June 20, 2012, sentenced to a fine of four million won for the crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

On April 9, 2013, the Defendant, at around 0:30, driven a c1 ton of c1 ton, without obtaining a driver’s license in the state of alcohol with a blood alcohol concentration of 0.132%, from the luminous surface below the luminous surface to the front of the interesting Myeon office located in the same epos interesting field.

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. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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