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(영문) 의정부지방법원 2013.05.14 2013고단747
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 16, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 17, 201, and sentenced to a fine of three million won for the crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 17, 201. On March 31, 2011, the Defendant was sentenced to a fine of three million won for the crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 31, 201. On March 14, 2013, the Defendant was a person with the power of being sentenced to a fine of three million won for the crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 20:40, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A performance-based driving report, a performance-based driving report, and a driver's license register;

1. Previous records: Application of inquiry reports and investigation reports (reports on criminal records of suspects) and Acts and subordinate statutes, such as criminal records;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. In light of the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, the Defendant’s blood alcohol content at the time of sentencing is 0.271%, and the Defendant was punished for a drunk driving four times, despite the fact that the Defendant committed the instant crime of drinking and driving without a license, and that there is a considerable doubt as to whether the Defendant had shown the mind.

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