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(영문) 의정부지방법원 2018.10.10 2018고단2906
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 April 9, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), and on April 16, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) by the same court on April 16, 2013, and on December 9, 2013, the Defendant was sentenced to a fine of six million won for a crime of violating the Road Traffic Act (dacting driving) and a crime of violating the Road Traffic Act (dacting driving) by the same court on December 9, 2013.

On June 15, 2018, the Defendant driven, without the driver’s license, the C C Kina car in the direction of approximately one kilometer from the back side of the “finyang Ginyang Gin-si” way, while under the influence of alcohol with 0.160% of alcohol during blood transfusion at around 20:35, the Defendant driven the C Kin-si car without the driver’s license.

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 report on the circumstances of driving at home, a report on the circumstances of the driver at home and an investigation report;

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

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

1. Inquiry about a license and making an inquiry into the enemy;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 for commercial concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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 continues to drive drinking, even though he had a record of being sentenced to a fine five times due to drinking, so it is necessary to strictly punish the Defendant.

There is no circumstance that can be considered in light of the circumstance in which alcohol concentration is high and the driving of alcohol is made during blood.

However, the fact that the defendant has no criminal record of probation or heavier, and the age, sex, environment of the defendant, and the motive and background leading to the crime of this case.

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