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(영문) 의정부지방법원 2014.12.18 2014고단3642
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 3, 2014, around 03:53, the Defendant driven a B-learning car under the influence of alcohol content of 0.155% without obtaining a driver’s license from the front of the junan, bean, and the cafeteria located in the Southern-si, Jin-si to the front of the cafeterian, the cafeterian, the cafeterian at the same time from the front of the cafeterian, to the front of the cafeterian in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant shows his attitude to repent in depth while recognizing his mistake, and that the defendant has no record of punishment imposed for six months after he was sentenced to imprisonment for a violation of the Road Traffic Act in 209);

1. Article 62-2 of the Criminal Act for probation and order to attend a lecture [Article 62-2 of the Criminal Act shall be put on probation to prevent recidivism in consideration of the fact that the defendant had been punished seven times from 2003 to 2009 due to drinking driving or driving without a license, but again committed the instant crime, and an order to attend a compliance driving lecture shall be imposed together];

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