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(영문) 의정부지방법원 2014.11.11 2014고단2025
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 January 18, 2008, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 5 million for a violation of the Road Traffic Act in the same court on August 20, 2008.

On June 2, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a Bhand vehicle under the influence of alcohol content of 0.114%, without a driver’s license, in a section of about 500 meters from the front of the 1st apartment complex in Jinho-dong, Jin Chang-dong, Jinho-si to about 01:46 to the front of the 136 Ninnam-si, Dong-si, Dong-si, Dong-si, 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. License register;

1. Previous records of judgment: Application of criminal records, repeated statements, and Acts and subordinate statutes related to driving before drinking;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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