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(영문) 의정부지방법원 2018.02.06 2017고단5584

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 8, 2013, the Defendant received a summary order of a fine of five million won due to a violation of road traffic law (drinking) at the Seoul Southern District Court on the same day. On April 28, 2016, the Defendant received a summary order of a fine of six million won for the same crime from the Jung-gu District Court on the same day, and on November 8, 2017, the Defendant was sentenced to one year of a suspended sentence of one year for the same crime and was sentenced to three years of a suspended sentence on November 16, 2017, and the said judgment became final and conclusive on November 16, 2017.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven a vehicle CK5 vehicle without obtaining a driver’s license in the state of under the influence of alcohol concentration of about 0.075% from the 1km section from the 1km road in the front side of the Macheon-si, Macheon-si, Macheon-1, 2017 to the front side of the 235 South Korean Industrial Complex, around November 25, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the Defendant’s intention to drive the instant drinking, the fact that the Defendant’s degree of intent to drive the instant drinking is relatively weak, the alcohol content in blood is not 0.075%, and the Defendant reflects the fact that the Defendant’s intention is contrary) of the Act on the Mitigation of Small Quantity is sentenced to a suspended sentence on November 8, 2017, and the Defendant was sentenced to a suspended sentence on the part of driving the instant drinking on three occasions, and it is inevitable to repeatedly sentence the instant drinking only when the judgment became final and conclusive.

다만 혈 중 알콜 농도 0.075% 로 비교적 높지 않은 점, 피고인은 전날 마신 술이 어느 정도 깼다고

I think of this case and then drive this case's drinking on the following day.