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(영문) 의정부지방법원 2018.08.31 2018고단2651

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On January 14, 201, the Defendant has a record of violating the prohibition of drinking, such as a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on January 14, 201, and a fine of one million won in the same court on November 16, 2017.

On May 4, 2018, the Defendant driven a CPoter-II cargo vehicle without obtaining a driver's license, in a section of approximately 0.240% alcohol concentration in blood from a section of approximately 100 meters to the front road of the vehicle agent, located in the territory of the Republic of Korea in the Republic of Korea, Mancheon-si, Macheon-si, Eup, Macheon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

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

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (attached reporting, such as a copy of summary order);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service and Order to Attend Education, and Article 62-2 of the Act on the Protection, etc., is for which alcohol concentration in blood was very high at the time of the instant crime, and the risk of occurrence of traffic accidents was significantly high

The responsibility for the crime is heavy.

In addition, the defendant has been punished for drinking more than twice in the past, and in particular, on July 5, 2017, he was punished for committing the crime of drinking, and even though his driver's license has been revoked, he again committed the crime of this case, and there is a need for heavy punishment to prevent recidivism.

However, all of the crimes of this case are committed by the defendant.