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(영문) 의정부지방법원 2016.10.14 2016고단2205

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for 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 April 21, 2011, the Defendant issued a summary order of KRW 3,50,000,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on April 21, 201, and a summary order of KRW 8 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on October 30, 201.

Around 08:50 on June 12, 2016, the Defendant driven a car with Bone Starsch without obtaining a driver’s license, while under the influence of alcohol concentration of approximately 0.059% from the 3km section of approximately 3km from the road of Dong-si to Dong-si 85-ro, Dong-si, Dong-si, Dong-si, 85-ro.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the situation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's depth reflects the fact that the defendant recognized the instant crime, the blood alcohol concentration in the instant case is relatively low, the defendant has no record of being punished exceeding the fine, and the defendant's age, character and behavior, environment, family relationship, means and result of the instant crime, etc. shall be determined by comprehensively taking account of various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc.