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(영문) 의정부지방법원 고양지원 2015.06.04 2015고단388

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 March 13, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 13, 2012, and on January 5, 2015, the Defendant received a summary order of KRW 7 million from the same court due to the same crime.

1. On January 23, 2015, at around 03:55, the Defendant driven a vehicle with approximately 400 meters away from the Do in front of Gangnam-gu Seoul, Gangnam-gu to the front road of about 73 degrees Seocho-gu, Seocho-gu, Seoul, with a blood alcohol concentration of about 0.101% without a vehicle driver’s license.

2. On January 28, 2015, around 23:35, the Defendant driven the said vehicle under the influence of alcohol content 0.111% without a driver’s license, while under the influence of alcohol, from the Do located in the Pungdong-dong Pungdong-gu, Goyang-si to the roads in front of the low-dong middle school located in the same Gu Pungsan-dong.

Accordingly, even though the defendant was punished by drinking driving more than twice, the defendant was driving a motor vehicle under the influence of alcohol without driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A previous record of his judgment after checking the results of the control of drinking driving, reporting on the situation of drinking driving, and making a statement of his driver's license inquiry;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of facts of the same kind of crime and attachment of summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (the crimes of violation of the Road Traffic Act on the corresponding date and the crimes of violation of the Road Traffic Act on the corresponding date);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for a year and on June 2; and