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(영문) 의정부지방법원 2019.01.16 2018고단4071

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act at the District Court of the Republic of Korea on January 20, 201, and the probation period becomes final and conclusive on February 1, 2017.

On January 21, 2008, the Defendant was in violation of Article 44 (1) of the Road Traffic Act, such as receiving a summary order of fine of two million won or more due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 21, 2008, and receiving a summary order of a fine of four million won or more for the same crime at the same court on January 8, 2015. On July 17, 2018, the Defendant was driving Esp motor vehicles under the influence of alcohol concentration of about 0.151% without obtaining a driver’s license from C Association located in Spocheon-si B in approximately 1km to D front.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The Defendant, as stated in the judgment of the facts constituting a crime, had been sentenced twice a fine due to drinking driving, and had been sentenced once a suspended sentence, and was engaged in drinking and driving without a license during the suspended sentence.

Since the possibility of criticism is high and the risk of recidivism is high, a severe punishment for the defendant is to be imposed.

Traffic accidents have occurred due to drinking driving in this case, and it is also a crime of high risk.

The defendant shall pay his pay to his employee.