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(영문) 의정부지방법원 2017.02.02 2016고단3948

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal history] On August 28, 2007, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (non-licenseless Driving), and on May 8, 2009, the Defendant was sentenced to imprisonment for 4 months and 2 years for a violation of the Road Traffic Act (non-licenseless Driving) at the Jung-gu District Court on May 8, 2009. On April 6, 2015, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 6, 2015.

[Criminal facts]

1. On August 17, 2016, the Defendant: (a) driven a motor vehicle without obtaining a driver’s license on August 17, 2016 under the influence of alcohol level of about 0.123% from a 50-meter section of the blood alcohol level to the road front of the 51 year national fishery frequency, where he/she wishes to operate from around the restaurant in the 19:45 of the Gyeong-gun of Gyeonggi-do, the Defendant: (b) drive a Maz motor vehicle in the influence of alcohol level of around 50 meters; (c)

2. On August 26, 2016, the Defendant driven the said e-car without obtaining a driver’s license for a vehicle with alcohol content 0.231% from the 200-meter section from around 15:50 on August 26, 2016 to the front road of the water supply machinery unit in the same e-mail, from around 200 meters to around 15:50 on the roads of Gyeonggi-gu Down-gun, Gyeonggi-do Down-gun, the Defendant driven the said e-car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving each week, and notification of the results of regulating drinking driving;

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (Attachment to the same type of force), previous convictions and results of confirmation of such past convictions;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 148-2 (1) 1, and Article 44 (1) (the point of driving three-time drinking) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Protective observation and community service order;