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(영문) 의정부지방법원 2017.08.23 2017고단2108

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was sentenced to a fine of five million won due to a crime of violating the Road Traffic Act (drinking), etc. at the Jung-gu District Court on December 3, 2008. On December 9, 2015, the Defendant was issued a summary order of 4,500,000 won for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court’s Tongwon Branch

On 01. 22:50 on 01. 05. 01. 22:50, the Defendant: (a) driven a C motor vehicle with alcohol content of at least 0.142% while under the influence of alcohol without obtaining a driver’s license from a 3km section from the front side of Pyeongtaek-gun B to the front side of the 40-Jonk KO Center; (b) the Defendant driven a C motor vehicle with alcohol content of at least 0.142%.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. License register;

1. Report on investigation (report on investigation of a suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order of one copy of the judgment, to two Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been punished once more for drinking, in addition to the previous conviction in the ruling so far.

As a result, it is the crime of this case that a person is driving under the influence of alcohol without a license.

The alcohol concentration in blood was very high.

No more severe punishment can be imposed as a fine.

However, considering the fact that the defendant is currently against the law.

In addition, the order shall be made in consideration of the defendant's age, sex, environment, attitude after the crime, etc.