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(영문) 의정부지방법원 2016.11.24 2016고단2348

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 30, 2007, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act (driving) at the Busan District Court's Busan District Court's Branch on October 30, 2007, and a summary order of three million won or more as a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court's District Court on July 13, 2015, respectively.

On June 14, 2016, at around 22:19, the Defendant driven C Poter under the influence of alcohol content 0.112% while under the influence of alcohol, without obtaining a driver’s license in approximately 400 meters from the front side of Skin Skin-gun, Seocheon-gun, Seocheon-do, to the front side of the same 62-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is a convenient means of transportation. However, since the dangerous articles may be inferred with a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

The fact that the defendant has already been punished for drinking driving, and that the defendant has already driven in a state without a license is disadvantageous.

However, it is the fact that the defendant commits a mistake, and is the same kind of crime.