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(영문) 의정부지방법원 2017.08.22 2017고단2363

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on February 10, 201, and on March 6, 2017, the same court requested a summary order of KRW 5 million for the same crime.

On April 27, 2017, the Defendant: (a) driven a vehicle B while under the influence of alcohol content of 0.103% without a vehicle driver’s license at a section of approximately 400 meters in front of Fili children’s elementary school, from the parking lot of the building of the building of the building of the building of the building of the building of the Dogdong-dong-dong-dong-dong-dong-dong-si, the government around 22:12.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 is that the Defendant had been driven by drinking two times for the reason of protecting and observing the order and attending the course of education. Among them, one time is a previous offense in 2017 and repeated driving of drinking in the recent years, and the alcohol concentration was 0.103% in blood at the time of the instant case, and the Defendant is against the law, comprehensively taking into account.