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(영문) 의정부지방법원 고양지원 2014.07.17 2014고단510
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 April 15, 2009, the defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act (non-licensed driving) or the violation of the Road Traffic Act (driving without a license) in order to support the High Court of Jung-gu on April 15, 2009. On March 13, 2012, the same court was sentenced to a fine of 5 million won for the violation of the Road Traffic Act (non-licensed driving) or the violation of the Road Traffic Act (driving without a license). On May 10, 2012, the defendant was sentenced to a fine of 2.5 million won by the same court.

On October 23, 2014, the Defendant, without a car driver’s license, driven the freight vehicle B from approximately 300 meters away from the section B to the 300-meter distance from the Sin-si Sin-si Sin-si Sin-si Sin-si, in the form of alcohol content of 0.170% under the influence of alcohol without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. A circumstantial report on a host driver;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, and copies of summary order three copies of the judgment;

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 imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant among the grounds for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considerations, etc. favorable to the defendant among the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., committed again the instant crime even though the Defendant had been punished by a fine due to drinking driving twice the past. However, the Defendant’s consent to and reflects the instant crime, the Defendant has no record of punishment heavier than a suspended sentence since 1987, and the Defendant’s age, character and conduct.

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