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(영문) 의정부지방법원 2018.11.07 2018고단3082

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2015, the Defendant issued a summary order of a fine of five million won to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on June 15, 2015, and on February 23, 2018, the Defendant was sentenced to a fine of ten million won in the same court as the same crime, and the same record was three times.

On July 9, 2018, around 20:41, the Defendant driven a coo vehicle in C under the influence of alcohol concentration of about 0.152%, without obtaining a driver’s license, from the front side of the refinite refined steel at Yangyang-dong, to the front side of the same 100 meters long-distance.

As a result, the Defendant was driving a motor vehicle while under the influence of alcohol, even though he violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

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

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant continues to repeat drinking even though he/she had been sentenced to a fine three times due to drinking driving since 2012, and thus, it is necessary to strictly punish the Defendant.

At the time, alcohol concentration is also high.

However, there is no criminal conviction or more than a suspended sentence for the same crime against the defendant.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results, circumstances before and after the crime of this case, and other arguments of this case.