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(영문) 의정부지방법원 2015.09.02 2015고단2249
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

[criminal power] On July 24, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 24, 2013 and KRW 5 million as a fine in the same court on July 29, 2013, respectively.

【Criminal Facts】

On May 27, 2015, at around 22:48, the Defendant, without a driver’s license, driven a 300-meter motor vehicle driving from a main station where it is difficult to ascertain the trade name of the living dynamics at the same walcheon-si to the same 300-meter ahead of the 986-lane, while under the influence of alcohol content 0.139% without a driver’s license.

As a result, the Defendant, while driving a motor vehicle without a driver’s license, was at the same time driven by a person who violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;

1. An inquiry report on driver's license and a report on the situation of driver's license without license;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the summary order of the same case) and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant shows the attitude of reflecting his/her misunderstanding while recognizing his/her misunderstanding, and that he/she has no record of committing a crime beyond the suspension of execution);

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

1. Article 62-2 of the Criminal Act to order to attend a compliance driving lecture [in consideration of the fact that he/she again drives without a driver's license even though he/she had a record of punishment for drinking driving, such as the previous conviction in the judgment of the accused, again leads to an act of driving without a driver's license]

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