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(영문) 의정부지방법원 고양지원 2018.05.24 2018고단750
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

[criminal history] On January 31, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws, and a summary order of KRW 4 million from the same court on June 28, 2010 to a fine of KRW 1.5 million for a crime of violating road traffic laws.

[2] Although the Defendant had a alcohol driving force twice or more, the Defendant driven BSP car under the influence of alcohol with approximately 0.081% alcohol concentration in blood without a driver’s license in the section of about 1km from the front line of the front line of the BSP car located in the same Dong-dong, U.S.-dong, U.S., U.S., to the front line of the PS. in the same Dong-dong, U.S., U.S., on March 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under drinking, investigation report (report on the circumstances of the driver under driving under drinking), and notification of the results of crackdown on driving under drinking;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and application of the Act on Report of Investigation;

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. 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 is that the Defendant had had a record of being punished for a fine of four times due to drinking driving or three times due to driving without a license prior to the instant crime, and thus, the Defendant who repeats the same mistake needs to be punished more strictly.

However, the fact that the defendant reflects his mistake, and that he was punished for driving under drinking and driving without a license in 2010, and that he was not discovered by driving under drinking or driving without a license for about eight years until the crime of this case, or that he was not subject to criminal punishment, and other crimes of this case.

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