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(영문) 의정부지방법원 2018.09.12 2018고단2187

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant received a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on February 1, 2017, the same court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and on May 16, 2018, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on May 24, 2018, and was sentenced to a suspended sentence of two years for a year for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on May 24, 2018.

On February 12, 2018, the Defendant driven a motor vehicle without obtaining a driver’s license in the state of alcohol concentration of about 0.145% in the section of approximately 1km from a blood alcohol level to the road front of a water terminal 21 Doh 173 and the road front of a water terminal at approximately 40 Doh 173 Doh, a dump-p-rayed vehicle at around 21:10.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on detection of drivers working at the main place, investigation report (report on the circumstances of drivers working at the main place), and a statement on the circumstances of drivers working at the main place;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and reporting on investigation (a judgment of the first instance court driving separate drinking, and final and conclusive judgment).

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of violation of the Road Traffic Act, which became final and conclusive on May 24, 2018, and the crimes of violation of road traffic Acts and subordinate statutes);

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. The defendant for sentencing under Article 62-2 of the Criminal Act.