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(영문) 의정부지방법원 2018.05.02 2018고단670
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Traffic Act on roads;

A. On January 3, 2018, at around 08:30, the Defendant, without a driver’s license, continuously driven a Bknife vehicle at approximately 20 km from the front of the Gyeonggi-do Gyeonggi-do 409 Cheongnam-si 3 Industrial Complex, to the front of the Do government of the same Do to the front of the 650 Do government, while continuously driving the said knife vehicle at the section of approximately 1 km from the front of the said Do government hospital to the road near the Do government of the 650 Do government.

2. On August 10, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on the violation of the Road Traffic Act (drinking driving), and on January 28, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime, etc. at the same court.

On January 3, 2018, around 21:40, the Defendant driven the said van while under the influence of 0.136% alcohol level without a vehicle driver’s license, from the Do near the Government of Gyeonggi-do, Geumdo to the country of heading 1357 to the bank in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger, etc.;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and each investigation report (Evidence List 21, 22) Act and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act and Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Joint Crimes of No. 2 of the Decision);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant has been punished for the same kind and a different kind of crime even before several times, and it seems that the compliance consciousness is weak.

The defendant.

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