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(영문) 의정부지방법원 2018.09.14 2018고단3119
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 7, 2012, the Defendant issued a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Central District Court on August 24, 2015.

On June 23, 2018, the Defendant driven a CMW 520d car under the influence of alcohol content 0.208% while under the influence of alcohol content 0.208%, without obtaining a driver’s license from the front of the flusing parking lot in the CM 520d car, which is located in the CM 520d car at the same time, from the front of the fluscing fluscis, to the road before the East-gu 50th of the East-gu eluscis.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, community service and lecture attendance order are examined as to the illegality of the instant crime.

At the time of crackdown, the Defendant was driving a motor vehicle even though the alcohol concentration was inaccurate as 0.208%, and the degree of driving was very high due to a remote distance, etc., and the risk of traffic accidents caused by driving a motor vehicle was also high.

Since it is reasonable to see that the illegality of crime is serious.

another.

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