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(영문) 의정부지방법원 2013.11.29 2013고단3341
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 May 27, 2010, the Defendant was punished by a fine not exceeding 1.5 million won for the crime of violation of the Road Traffic Act at the Jung-gu District Court on May 27, 201, and a summary order of 4.5 million won for the same crime in the same court on November 16, 2012, respectively, on two or more occasions by receiving a fine not exceeding 4.5 million won for the same crime.

On August 29, 2013, at around 00:05, the Defendant driven B car under the influence of alcohol with a blood alcohol concentration of 0.053% without obtaining a driver’s license from the Kimpo Station located in the 200-mnive cycle road outside Seoul, Shinpo-si to the surrounding road.

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. A driver's license inquiry;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to summary orders of the same kind of power), and 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. Article 62 (1) of the Criminal Act on the suspension of execution (it is against the disadvantage that the driver's license is repeated after the driver's license was revoked on June 22, 2010, and considering the fact that the driver's license is repeated, and the fact that the drinking water is relatively low);

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

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