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(영문) 의정부지방법원 2016.11.17 2016고단2816

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

Reasons

Punishment of the crime

On March 18, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million, a summary order of KRW 2 million from the Seoul Northern District Court on April 1, 2016 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million from the Seoul Western District Court on April 11, 2016 to a fine of KRW 1.5 million.

On February 14, 2011 and March 9, 2016, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On June 8, 2016, the Defendant was driving a B-wing truck with a blood alcohol concentration of not more than 0.118% while under the influence of alcohol on not more than two occasions. On June 8, 2016, the Defendant was driving a B-wing truck with a blood alcohol concentration of not more than 0.118%, without obtaining a driver’s license in a section of about 400 meters from the front of the insular road in the front of the same 400-meter.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to the same attached records);

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

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 on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

Nevertheless, it is not possible.