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(영문) 의정부지방법원 2016.10.28 2016고단3349

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

On January 4, 2007, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million for the same crime at the same court on May 18, 2016, and was punished two times or more for a crime of violation of the Road Traffic Act (driving).

At around 20:50 on August 8, 2016, the Defendant, without obtaining a driver’s license in front of the C Wholesale Market D frequency in the Gurisi-si B, was driving, while under the influence of alcohol by about 0.226% of the blood alcohol concentration, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed reports on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are five times the records of punishment due to drinking or unlicensed driving, the fact that the blood alcohol concentration of the instant case is very favorable: the Defendant is recognized to commit the instant crime, the driving distance of the instant case is very short, and the Defendant runs away from the parking lot while waiting for a proxy driving engineer at the time.

The Defendant’s age, character and conduct, environment, family relationship, means and result of the instant crime, and the circumstances after the instant crime, etc. shall be determined by comprehensively taking account of various sentencing conditions as indicated in the instant pleadings, including the fact that the instant crime was committed, physical damage was agreed upon.