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(영문) 의정부지방법원 2017.05.02 2016고단5183

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On February 2, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 7, 2016.

[2] On November 20, 2016, at around 01:55, the Defendant driven a DNA car under the influence of alcohol content of 0.286% while under the influence of alcohol without obtaining a driver's license from the section of about 10km in the direction of 2583, from the Cheongcheon-si's parking lot located in the Hancheon-dong, Seocheon-dong, Seocheon-do, Seocheon-do, Seocheon-do. to the front road located in 2583.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The fact that the degree of alcohol content in the blood was high (0.286%) the previous record of driving alcohol, three times prior to driving alcohol, the circumstances leading to the detection (the detection of the motor vehicle in a state of diving after getting off the line on the right side of the road due to driving of drinking at the time of drinking), and ordinary circumstances favorable to the police officer: Banity, the fact that there is no previous record exceeding a fine, the decision of selling the motor vehicle and the pronouncement of the sentence: Other consideration of the defendant's age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc.;