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(영문) 의정부지방법원 2017.08.30 2017고단2147

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

1. On February 12, 2008, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking) at the District Court of the Jung-gu District Court on February 12, 2008, a summary order of 3.5 million won for a crime of violating the Road Traffic Act (drinking) at the same court on December 5, 2008, and a summary order of 5 million won for a crime of violating the Road Traffic Act (drinking) at the same court on July 16, 2015, respectively.

On May 12, 2017, the Defendant driven a B-man car under the influence of alcohol content of about 0.083% in a section of approximately 500 meters from 23:30 square meters to the front road of a company bank located in the Eup, located in the territory of the Republic of Korea, which is located in the territory of the Republic of Korea.

Accordingly, the Defendant, while under the influence of alcohol, was punished more than twice, was driving a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the first car without the driver’s license at the location specified in paragraph 1.

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. Report on the circumstances of driving without a license;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

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. 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 reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is the driving of the instant crime under the fourth alcohol.

No more than two years have passed since 5 million won was sentenced to a fine, and therefore, the crime of this case was committed, and the state of non-licenseed.

In addition, a fine shall be minor.