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(영문) 의정부지방법원 2017.12.20 2017고단4058

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 2, 2016, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on September 2, 2016, and was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on December 20, 2016.

Although the Defendant was punished on two or more occasions as above, on August 24, 2017, the Defendant driven a car owned by the Defendant while under the influence of alcohol content 0.127% while under the influence of alcohol while under the influence of alcohol content 0.127%, without obtaining a driver’s license, from the Do in front of the Do in the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Sincheon-si, Sincheon-si at the Do of the Do of the Do of the Do of

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The fourth reason for sentencing of Article 62-2 of the Criminal Code is that the defendant was found to have been driven by drinking.

In particular, as before the judgment, even though the person was subject to criminal punishment on two occasions in 2016 or for drinking, he/she again passed the drinking of this case. On December 20, 2016, the summary order of a fine of 5 million won in the same manner as this case is under Article 148-2 (1) 1 of the Road Traffic Act, which intended to punish the person who violated the prohibition of drinking again on two or more occasions, was the same as this case.

The defendant is no longer accused in this case where the same situation is repeated.