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(영문) 의정부지방법원 2017.11.21 2017고단3320

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court, and on October 8, 2015, the same court received a summary order of KRW 3 million as a fine for the same crime.

Criminal facts

On July 16, 2017, the Defendant was under the influence of alcohol of 0.114% in blood without obtaining a driver’s license for a motor vehicle on July 21, 2017, and was driving a 100-meter B franchise-low vehicle in front of the Ro-gu Seoul Special Metropolitan City, An agricultural cooperative located in the Ro-ro, Shincheon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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, three times before a person under obligation to provide community service and attend lectures, and the punishment of this kind and the suspension of execution: Provided, That it shall be considered that the person under obligation to provide community service and attend lectures has