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(영문) 의정부지방법원 2015.10.05 2015고단1940
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 June 24, 2008, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 24, 2008 and KRW 3 million for the same crime at the same court on September 10, 2008.

【Criminal Facts】

On May 13, 2015, at around 21:15, the Defendant driven Bone Star car under the influence of alcohol content of about 0.109% without obtaining a driver’s license in a section of approximately 1 km from the Jindo-Eup in Nam-si to the same Si, Sinyang-si from the Jindo-Eup to the same Si 434-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. License register;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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 (the defendant has been sentenced to a suspended sentence in consideration of the fact that there was no record of committing any other type of crime and no record of punishment sentenced to a fine or heavier punishment, even though he/she has been sentenced to a fine due to a violation of the Road Traffic Act due to drinking driving and driving without obtaining a license, on three occasions since 2007. The defendant again committed the crime of this case. Since it is judged that it is difficult to prevent recidivism by a fine, it shall be sentenced to a suspended sentence of imprisonment

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

1. Social service order under Article 62-2 of the Criminal Act;

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