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(영문) 의정부지방법원 2018.11.07 2018고단3336
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 26, 2006, the Defendant received a summary order of a fine of 2.5 million won or more for a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch on December 26, 2006. On January 4, 2013, the Defendant received a summary order of a fine of 3.5 million won or more for the same crime.

Although the Defendant had been punished twice or more as above, on June 18, 2018, at around 00:48, the Defendant driven a vehicle Bone Starex without obtaining a driver’s license for a motor vehicle with approximately 0.089% alcohol concentration at approximately 4km from the front side of the Gwangjin-gu, Jyang-si, Namyang-si to the front side of the Jyang-si, Jyang-si, Namyang-si, the Namyang-si, the head of Jyang-si, the Namyang-si, the 24-ro, the head of Jyang-si, the 8-ro, Jyang-si, the

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the reporter;

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

1. Report on the circumstances of driving without a license;

1. Report on the circumstances of driving under the liquor:

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a copy of the previous summary order attached thereto);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier 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 requires a strict punishment for the defendant to prevent recidivism, since the defendant had a record of being punished for driving under drinking, even though he/she had a record of driving under the influence of alcohol.

There is no circumstance to consider in the circumstances in which a drinking driving has been made.

However, the driving of this case does not cause a traffic accident, but the defendant has no criminal record of suspended execution or more.

The alcohol concentration at the time of blood alcohol concentration and other age, sex, environment of the defendant;

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