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(영문) 의정부지방법원 2018.05.02 2018고단1071
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 20, 201, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), and on December 31, 2014, the same court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), and on November 18, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving) at the same court.

On March 8, 2018, the Defendant driven a Bpppon vehicle at the section of approximately 500 meters from the mutual influence of a mal influent restaurant located in the Gyeonggi-si Mancheon-si Mancheon-si Mancheon-si, to approximately 2233 lanes, while under the influence of alcohol with a blood alcohol content of 0.151% without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The defendant has a significant number of years of punishment for the same crime even before sentencing of selective imprisonment with prison labor is imposed.

In particular, in recent years, even though he/she was sentenced to a punishment of suspending the execution of imprisonment on November 18, 2016 due to a crime of drinking on October 4, 2016, he/she was sentenced to a fine on March 4, 2017, which was before four months elapse from the sentence, and was sentenced to a fine on June 2, 2017 even when he/she was in the period of suspension of execution.

Nevertheless, the Defendant committed the instant crime, which was committed on March 8, 2018, before he/she was sentenced to the appellate judgment of the said unlicensed driving on January 18, 2018 and on March 8, 2018.

As the defendant can see the attitude of the state's public power and legal order, it is necessary to punish the defendant strictly.

The crime including the above circumstances is committed.

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