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(영문) 의정부지방법원 2014.10.22 2014고단2484
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 21, 2010, the Defendant issued a summary order of 2.5 million won to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on January 21, 201, and on September 28, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul East District Court on September 28, 2012, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on more than two occasions.

On June 24, 2014, at around 21:58, the Defendant driven a vehicle of about 300 meters in 254 meters from the agricultural and fishery products market located in Chang-dong in Yari-si to the road in front of the 254 Escam, while under the influence of alcohol by 0.124% of the blood alcohol concentration without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment reports including the previous records and related judgments, etc.);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(6)); Article 62(2) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 of the Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes, even though one year has been sentenced to a suspended sentence of imprisonment for six months due to a drunk driving on September 28, 2012), and Article 62(1)

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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