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(영문) 의정부지방법원 고양지원 2013.06.14 2013고단655
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

[criminal power] The defendant was sentenced to a fine of 1.5 million won on November 28, 2008 as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 28, 2008, and was sentenced to a fine of 1 million won on December 19, 2008 as a crime of violating the Road Traffic Act (driving) in the Jung-gu District Court on March 28, 2008.

【Criminal Facts】

On April 18, 2013, at around 23:15, the Defendant driven a C-sized vehicle with a blood alcohol content of at least 0.092% under the influence of alcohol without a car driver’s license from a road in front of the Simsan-dong, U.S. Simsan-gu, U.S. Simsan-si, the same day from around 23:18 on the same day to the front road of the National Bank located in the same Dong.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of driving without a driver's license, inquiry report on the situation of driving without a driver's license, inquiry into the results of the control of driving without a driver's license, and details of disposition of cancellation;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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 a sentence as a matter of choice of imprisonment (including the fact that the defendant has been sentenced to a fine several times or a suspended sentence of imprisonment due to driving under influence of alcohol or without a license);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (all normal consideration, such as the fact that the defendant is imprisoned while making a confession, the fact that the drinking driving is a crime before 2008, and the fact that his family members should be supported, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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