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(영문) 의정부지방법원 2018.12.18 2018고단4343

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

On November 6, 2007, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 6, 2007; on July 29, 2013, the same court issued a summary order of KRW 1.5 million for the same crime; on March 13, 2017, by the same court, the summary order of KRW 7 million for the same crime; and

8. 4. The same court has been issued a summary order of one million won or more as a crime of violating the Traffic Act on Roads.

피고인은 음주 운전 금지 규정을 2회 이상 위반한 사람으로서, 2018. 9. 11. 01:25 경 경기 의정부시 오 목로 205번 길 67에 있는 ‘ 훌랄 라 참숯 바베큐’ 앞에서 같은 날 01:45 경 경기도 의정부시 용 민로 33에 있는 ‘ 한마음 인테리어’ 앞 노상까지 혈 중 알코올 농도 0.115% 의 술에 취한 상태로 자동차 운전면허를 받지 아니하고 C k3 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Inquiries about licenses;

1. Scenic photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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, Article 59 of the Act on the Protection, Observation, etc. of Social Services and Order to Attend Education was that the Defendant, at the time of committing the instant crime, driven a motor vehicle in violation of the signal while driving the motor vehicle in a relatively high state with a relatively high level of 0.115% alcohol content.

The defendant's above drinking and driving without a license is likely to lead to a violation of signal under the influence of alcohol.