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(영문) 의정부지방법원 2015.11.11 2015고합255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 22, 2007, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on August 19, 2008, at the official housing site support of the Daejeon District Court, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act. On November 27, 2014, the Defendant was sentenced to a fine of KRW 10,000 as a fine for a violation of the Road Traffic Act from the horizontal Housing Site Site at the Suwon District Court to a fine of KRW 2 million.

On June 14, 2015, the Defendant, without obtaining a driver's license at around 13:30 on June 14, 2015, driven a car in Ctecin at the front of a public parking lot in the free market located in Seodaemun-gu Seoul Special Metropolitan City under the influence of alcohol concentration of 0.225%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Traffic accident report (1) (2), traffic accident report, notification of the results of the regulation of drinking driving, and circumstantial report of a drinking driver;

1. Inquiry into driver's licenses;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (suspects' previous records and confirmations), judgment, and application of Acts and subordinate statutes, such as judgment;

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 for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act for probation and community service order is deemed to have been done again under the condition that the defendant had a driver's license revoked due to his previous drunk driving, and the defendant has been punished several times for the same crime (in particular, in 2014, the defendant was punished by a fine of high amount since it was considered that he was under the suspension of the execution of other crimes) and in 2008, probation, community service and order to attend lectures.

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