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(영문) 의정부지방법원 2013.10.22 2013고단3075
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 August 23, 2012, the Defendant issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act at a district court of Jung-gu on August 23, 201, and the same year

7.5. The same court issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on June 24, 2008, the same court issued a summary order of KRW 700,000 as a fine for the crime of violation of the Road Traffic Act. On August 20, 2013, at around 23:20, a person who was under the influence of alcohol of KRW 0.181% for blood alcohol concentration without obtaining a driver's license on August 20, 2013, a person driving a B liquid ethn vehicle at approximately 100 meters from the end of the Yyangdong-dong Yyangdong-dong 104 meters from the end of the Yyangdong-dong Yyang-dong 104 meters from the end of the Yyang-dong Yyang

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (suspects' previous records and confirmation reports);

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 reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant has been subject to punishment several times from around 2004 due to drinking or unlicensed driving. In particular, the defendant should be strictly punished in light of the fact that the blood alcohol concentration in the instant case is significant, but the defendant is able to make a confession and not repeat again, and there is no record of punishment exceeding the fine.

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