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(영문) 의정부지방법원 2017.08.31 2017고단2442
도로교통법위반(음주운전)등
Text

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 December 24, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on October 22, 2010, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act at the Seoul Central District Court.

On May 27, 2017, the Defendant: (a) driven a vehicle B while under the influence of alcohol content of 0.109% without a vehicle driver’s license at a section of approximately 300 meters, 1-39 square meters in front of the Chang-dong Green Hospital located in Seocho-si, Seoul Special Metropolitan City, about May 27, 2017, in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a suspected victim, such as a violation of traffic laws on roads, and a statement of the situation of the driver who is placed in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.

- Unlicensed driving of a large number of alcohol without a license, where the detention of the defendant is accompanied by excessive difficulties for his dependants, clearly reflects serious reflective and social ties, and social ties;

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