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(영문) 의정부지방법원 고양지원 2017.11.24 2017고단1761

도로교통법위반(음주운전)등

Text

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

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 December 2, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a violation of road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on December 2, 201, and on November 3, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on November 3, 201, and the judgment became final and conclusive on the 11st

On April 13, 2017, the Defendant driven an E K-3 car under the influence of alcohol content of 0.182% while under the influence of alcohol without obtaining a driver’s license from approximately 100 meters to the front of a restaurant in the name of the name, “Isle,” which is located in the Dong-gu Dong-gu, Busan, Dong-gu, Sinsan-gu, Sinsan-do.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol under the Road Traffic Act more than twice, and driving a motor vehicle without obtaining a driver's license in the state of retoxicated.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiry, such as criminal history, a written judgment accompanied by investigation reports, and application of summary order 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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that if the defendant was punished once by a fine due to drinking driving, or was sentenced once a suspended sentence, he/she would be subject to criticism when he/she was under the suspended sentence.

However, it is reasonable to take into account the fact that the defendant shows an attitude against himself, and that he will start a new place after marriage on September 16, 2017.