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(영문) 의정부지방법원 2016.11.15 2016고합401

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2008, the Defendant received a summary order of KRW 2,50,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act, and on November 3, 2014, a summary order of KRW 3,00,000,000,000 was imposed by the Jung-gu District Court for a violation of the Road Traffic Act.

At around 10:03 on May 30, 2016, the Defendant driven C Lasta car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.056% from the 1km section from the front of the Cuk-dong, Yangju City, to the front of the Cuk-dong, Seo-dong, Yangju-si, without obtaining a driver’s license.

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 situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from one year and six months;

2. Determination of sentence: The crime in this case for six months of imprisonment and one year of suspended execution shall be deemed to have been driven under the influence of alcohol again while the defendant had had a record of punishment three times due to drunk driving and two times due to unlicensed driving, even though he had no driver's license.