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(영문) 의정부지방법원 2018.09.18 2018고단3335

도로교통법위반(음주운전)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 22, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Branch Branch on August 22, 2014, and on December 15, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime, etc. at the Jung-gu District Court.

Although the Defendant had been punished twice or more due to drinking driving as above, on July 23, 2018, at around 21:35, the Defendant driven B K5 cars while under the influence of alcohol with approximately 0.142% alcohol level from the Do located in Jinyang-gu, Jinyang-si, Jinyang-si without a driver’s license, to the 535-day 1km road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on drinking driving;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the said Act are as follows: (a) the Defendant was engaged in driving a motor vehicle even though his blood alcohol content was relatively high as 0.142% at the time of enforcement of the order to provide community service and attend lectures; and (b) the risk of traffic accidents caused by driving a motor vehicle was high.

Since it is reasonable to see the illegality of crime, it is not easy to see it.

In addition, even though the driver's license was revoked due to drinking driving in the past, the Defendant operated a motor vehicle without a license, so the illegality of the crime without a license is not weak.

The defendant is driving under the influence of alcohol.