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(영문) 의정부지방법원 2018.05.23 2018고단1284

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 2, 2014, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 2, 201, and KRW 3,50,000 as a fine for the same crime at the Jungbu District Court on November 2, 2017.

On April 3, 2018, the Defendant driven a B observer car under the influence of alcohol content of 0.072% in blood without obtaining a driver’s license, from the front of the Gu Ri dong, which is located in the Sil-si, Sil-si, Sil-si, Sil-si, which is located in the Sil-si, Sil-si, Sil-si, and from the front of the 71 km road to the same Sin-si 12-5 km road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for drinking driving two times even before the suspension of execution.

Nevertheless, the crime of this case was committed again under the influence of alcohol and without a license.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, criminal records, and alcohol concentration (0.072%) in blood, the punishment as ordered shall be determined.