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의정부지방법원 2016.05.27 2016고단689

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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 November 30, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method, and on December 10, 2012, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving), respectively.

On November 4, 2009 and November 27, 2012, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On January 6, 2016, the Defendant driven a CNS motor vehicle under the influence of alcohol level 0.091% of alcohol level during blood transfusion, without obtaining a driver’s license from around 1km to about 2474 in front of the same Eup/Myeon located in the Namyang-si, Seoyang-do. on January 6, 2016, the Defendant driven a CNS motor vehicle under the influence of alcohol level 0.091%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of the results of inquiry and investigation reports (reports attached to the previous convictions and summary orders) Acts and subordinate statutes;

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 as a matter of choice (such as drinking and driving without a license despite the past record of punishment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2008Da11

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;