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(영문) 의정부지방법원 2018.05.30 2018고단1321

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on January 5, 2012, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Jung-gu District Court on April 7, 2017, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On February 17, 2018, the Defendant driven a CNS car under the influence of alcohol content of about 0.113% while under the influence of alcohol without obtaining a driver’s license from around 500 meters in the section of around 500 meters from the front of the people’s net restaurant in the South-si, Chungcheongnam-si, Chungcheongnam-si, the Southern-si, the Namyang-si, to about 3:56 degrees from the front of the people’s instant restaurant to the 63-10 degree road in the Namyang-si, the Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (report on confirmation of the facts under probation period);

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

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

1. The reason for imposing selective sentence of imprisonment with prison labor has the same record of being punished several times for the same crime.

In particular, even though the sentence of suspension of the execution of imprisonment on April 7, 2017 was imposed and was in the period of suspension of the execution, the instant crime committed in which the instant crime was committed with alcohol concentration of 0.113% during the re-blood and without a license.

However, considering the favorable circumstances that the detention of the accused would result in a difficult situation for the dependent.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.