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(영문) 의정부지방법원 2015.01.16 2014고단3663

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 21, 2011, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on March 8, 2012, the above court issued a summary order of KRW 3.5 million to a fine for the same crime, respectively. On December 14, 2012, the above court was sentenced to imprisonment for one year and two years of suspended execution.

Nevertheless, at around 22:30 on September 17, 2014, the Defendant driven a C-wing 3 truck under the influence of alcohol content 0.193% while under the influence of alcohol, without obtaining a driver’s license, from a section of about 10 meters in front of Samsung cafeteria, which is located in the Cheongcheon-gun, Gyeonggi-do.

Accordingly, the defendant, without obtaining a driver's license, was a person who violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of drinking control;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. An accident vehicle photograph;

1. Previous records: To refer to inquiries, such as criminal records, and to the application of Acts and subordinate statutes for reporting criminal investigations (Attachment to criminal records of the same kind of crime as

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In view of the fact that there are three-time criminal records of drunk driving under Article 62(1) of the Criminal Act, and that a person drives under the influence of alcohol again during the period of suspension of execution is subject to severe punishment. However, the execution of punishment shall be suspended only once taking into account the fact that the person commits an offense against the crime and thereby does not repeat again, the person supports his or her poor wife and his or her children, the distance of driving, etc., and the distance of driving, etc.