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(영문) 의정부지방법원 2018.06.15 2017고단4615

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 19, 2017, the Defendant driven a BM5 car without a driver’s license, under the influence of alcohol concentration of about 200 meters from the front of the cafeteria cafeteria which was located in the office of Bupyeong-gu, Gyeonggi-do, the Gam-gu, the Gam-ro 72-ro 72 in the center of the Cheongpyeong-ro, the front of the Gam-ro, the Gam-ro, the Gam-ro, the Gam-ro, the Gam-ro 9 to the front of the Dom-ro

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

1. Reports and investigation reports on the occurrence of traffic accidents (report on the situation of the driver at the main place);

1. The application of Acts and subordinate statutes, such as the ledger of driver's licenses and the register of chassiss;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 and Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, despite the fact that the defendant had been punished for driving under drinking even in 2015, the defendant committed again the crime of this case. Since the defendant's alcohol content at the time of the crime of this case is very high to 0.281%, the risk of this crime of this case is very high in proportion to it. The defendant damaged two vehicles, including adjacent vehicles, by taking the vehicle parked due to the accident of this case. Ultimately, the defendant damaged two vehicles, including adjacent vehicles. Since the above danger is realized, it is unfavorable circumstances such as the fact that the defendant recognized all of the crimes of this case and reflects it, the motive and background of the crime of this case, the method and consequence of the crime, the age of the defendant, the circumstances after the crime, and the criminal record, etc.