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(영문) 의정부지방법원 2013.03.15 2012고단3449
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 8, 2009, the Defendant was sentenced to a suspended sentence of 1.5 million won for a fine of 1.5 million won for a crime of violation of the Road Traffic Act (driving) at a district district court of Jung-gu on January 8, 2009, a summary order of 2.5 million won for a fine of 2.5 million won for a crime of violation of the Road Traffic Act (driving) at a district court of Jung-gu on August 26, 2009, respectively. On August 27, 2010, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months.

At around 23:30 on November 24, 2012, the Defendant driven C-T-T-T-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

2. The Defendant has driven the above cargo without obtaining a driver’s license at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of records of drinking driving not less than twice);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished for drinking alcohol or driving without a license 14 times (six-time drinking and eight-time driving without a license). Moreover, on August 27, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a violation of the Road Traffic Act at the District Court of the Republic of Korea on August 27, 2010, and was sentenced to two years of suspension of the execution on December 17, 2010, and the said judgment became final and conclusive on December 17, 2010, and is still during the suspension of the execution period.

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