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(영문) 의정부지방법원 2013.10.15 2013고단2902
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 of the final judgment.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 26, 2012, and on February 7, 2013, the Defendant was issued a summary order of KRW 4 million with the same crime at the same court on February 7, 2013. On July 19, 2013, the Defendant was driving B, while under the influence of alcohol concentration of KRW 0.113% with no driving license from the 50-meter section to the front road of the training site for the reserve forces located in Yangju-dong, Seo-gu, Yangju-dong, Yangju-dong, Yangju-dong, to the front road of the training site for the reserve forces located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (reports attached to the previous criminal records and summary orders), and application of Acts and subordinate statutes of two copies of summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the Defendant continues to commit the instant crime, such as drinking and driving without a license, even though he/she was sentenced to imprisonment for eight months on April 2009 due to an escape vehicle, driving without a license, etc., or for two years of suspended execution, and even if he/she was sentenced to a fine on February 2013 due to drinking or driving without a license, until the instant crime is committed.

It is highly doubtful that the defendant has shown good mind, and the defendant has any effect on the stay of execution.

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