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(영문) 의정부지방법원 2018.11.09 2017고단5133

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million by the same court on September 17, 2007, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 13, 2009.

1. On November 12, 2017, the Defendant, in violation of the Road Traffic Act, driven a Csch Rexton car with approximately 100 meters alcohol concentration at around 0.104% in the section of about 100 meters, from the influence in the new north-si, Macheon-si, Macheon-si to the front road of the South Korean industrial company located in Sincheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act as a person holding Csch Rexton car, and operated the automobile, which is a motor vehicle not covered by mandatory insurance, on the road at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to four years.