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(영문) 의정부지방법원 2017.11.14 2017고단3096
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

1. On February 27, 2015, the Defendant has the record of issuing a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the District Court of the Republic of Korea on February 27, 2015, and on December 15, 2016, a fine of KRW 3 million for the same crime at the same court.

On June 25, 2017, the Defendant driven BM525 V car at approximately 0.193% of alcohol content in a section of approximately 3 km from the middle apartment near the Heungdong-si, Namyang-do to the 46th of the same hour at the same time.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the BM525 V car volume without a driver’s license at the location specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Reports on vehicle photographs and the circumstances of driving without licenses at the time of detection;

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

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

1. The observation of protection and the order to provide community service, the order to provide community service, and the order to attend a lecture for the punishment of Article 62-2 of the Criminal Act, two times before and after drinking alcohol, and the higher alcohol content in blood was 0.193%, and the situation after committing the crime is not good, such as taking a way to the police officer in charge of the crackdown while taking a bath to the police officer, and wearing arms, etc.: Provided, That it is against the law, and it has no criminal record of the same kind of probation or higher

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