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(영문) 의정부지방법원 2016.05.26 2016고단975

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Northern District Court on February 21, 2008, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on November 14, 201, and issued a summary order of KRW 1.5 million for the same crime in the same court on November 14, 201, respectively. On July 7, 201, the Defendant was punished for a crime of violating the Road Traffic Act (drinking driving) on two or more occasions by a fine of KRW 7 million for the same crime in the same court.

On March 7, 2016, the Defendant driven a motor vehicle with B money tank without obtaining a driver’s license from approximately 100 meters section from the front of the trade name in front of the 2nd city government of the Gu-si, Ma-si to the front road in front of the Ma-ro, Ma-ro, Ma-si, the Government of the Republic of Korea, to the front road in front of the Ma-ro, Ma-ro, the same Si-si, and driving a motor vehicle with alcohol concentration of 0.102% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the situation and report on the situation of driving without obtaining a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The automobiles are convenient means of transportation. However, since a person operating a vehicle is in danger of changing with a deadly weapon, he/she is obliged to obtain a license and operate a motor vehicle with due care. In particular, since driving of a motor vehicle can lead to a serious accident, the necessity of strict punishment is high in light of the danger. The Defendant, even if he/she was punished for driving two times or more, once again, again driving of the instant motor vehicle: the Defendant erred.