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(영문) 의정부지방법원 2014.11.04 2014고단2995
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 June 21, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court, and a fine of five million won for the same crime at the Jung-gu District Court on May 3, 2011.

On August 5, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven D Poter II cargo while under the influence of alcohol content of about 0.159% without the driver’s license, from around 800 meters away from the road before the additional Poter, which is located in the Potent, to the front road of the Round-si located in the same Ri, on August 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his/her attitude to repent in depth with his/her mistake and that he/she has no record of punishment exceeding a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act for probation and order to attend a lecture for compliance driving (a name to be put on probation and to attend a lecture for compliance driving, in light of the fact that a person has been punished for driving under drinking in 2002, in 203, in 2005, in 2011, in 2012, and in 2013, in addition to each previous conviction in the judgment of the defendant);

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