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(영문) 의정부지방법원 2019.02.01 2018고단1069

도로교통법위반(음주운전)등

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

2. Provided, That 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 November 21, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Jung-gu District Court on November 21, 2013, a fine of KRW 1 million for a violation of the Road Traffic Act (free license) in the same court on September 24, 2015, and a fine of KRW 2 million for a violation of the Road Traffic Act (free license) in the same court on November 24, 2017.

On November 19, 2017, at around 10:18, the Defendant driven a FL car owned by E at approximately KRW 100 meters from the Defendant’s house located in Scheon-si B with a blood alcohol content of 0.059% without a driver’s license from November 19, 2017 to D located in Scheon-si C.

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. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Jung-gu District Court on November 21, 2013, and on December 20, 2013, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (unlicensed Driving) at the same court on September 24, 2015. On August 12, 2017, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (Unlicensed Driving) at the same court on November 24, 2017.