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(영문) 의정부지방법원 2013.12.18 2013고단3943
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 November 12, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) by the Jung-gu District Court on November 12, 2008, a summary order of KRW 2 million for a fine of KRW 2 million for the same crime in the same court on July 1, 201, and a person who was sentenced to a summary order of KRW 4 million for a drunk driving on January 13, 201 by the same court on the same offense, etc. three times.

On November 3, 2013, the Defendant had been punished for drunk driving two or more occasions, but around 13:50 on November 3, 2013, the Defendant driven the Dok truck without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 2.61km from the front road operated by the Defendant in Yangju-si B to the front road of the promotion convenience store in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and investigation reports (a copy of the previous report and summary order attached) Acts and subordinate 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 imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (3) of the Act has three previous criminal records of driving for drinking, repeated driving after the driver's license was revoked due to driving for drinking on July 2010)

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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