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(영문) 수원지방법원 안양지원 2015.11.20 2015고단1341

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive a motor vehicle, etc. not less than twice under the influence of alcohol) and drive a motor vehicle under the influence of alcohol. Thus, it is clear that it is clear that the defendant specified the date and time of driving a motor vehicle not less than twice in the past while under the influence of alcohol and recognized the same criminal facts as above, and it does not give any substantial disadvantage to the defendant's exercise of his/her right to defense even if the criminal facts are recognized, the criminal facts are

On June 6, 2006 and May 21, 2015, the Defendant, while driving a motor vehicle under the influence of alcohol, was in violation of Article 44(1) of the Road Traffic Act at least twice, and was driving a B-low motor vehicle without obtaining a driver’s license in the influence of alcohol level of approximately 0.142% from the 1km section to the roads of the 591 area of prisoners of war of the same Si/Gun from the roads adjacent to the Dopo-si, Sipo-si, Sipo-si on August 4, 2015 to the roads adjacent to the 591 area of Si/Gunpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes attaching a summary order of identical power;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. On May 21, 2015, a sentence of imprisonment with prison labor shall be imposed for one year in light of the following: (a) the fact that a person was sentenced to a fine three times for the reason of sentencing under Article 62-2 of the Criminal Act due to drinking alcohol driving; (b) the blood alcohol level is high; and (c) the fact that a person was sentenced to a fine by driving a vehicle identical to a vehicle stated in the crime on May 21, 2015; and (d) the person was going to commit the crime of this case; and (c) the