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(영문) 의정부지방법원 2018.06.26 2017고단4507
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 February 6, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on December 24, 2009, the Defendant was issued a summary order of KRW 3.5 million for the same crime in the same court. On April 30, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime and for two years of suspended execution.

On September 14, 2017, at around 20:40, the Defendant driven a E-Poter truck without a driver’s license at approximately 900 meters section from the Defendant’s house located in Pyeongtaek-gun B of Gyeonggi-do to the front day of the “D” restaurant located in the same Gun C.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking, non-license, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on the duty to observe and observe the order for protection and attend lectures is three times a person driving alcohol, and one of them repeats the driving of the instant drinking even before the suspension of execution, and the alcohol concentration in the blood at the time of driving the instant drinking was 0.19% higher than that of the instant drinking.

However, the criminal records of the defendant are those of the same kind before 2010, relatively recently, and the punishment shall be determined by taking comprehensive account of the fact that the criminal records of the defendant do not have the same kind of criminal records, reflect

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