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(영문) 의정부지방법원 2018.06.22 2018고단1845
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 a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act (drinking driving), and on March 26, 2018, the Defendant issued a summary order of KRW 3,00,000 for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court.

On April 23, 2018, the Defendant driven B-ing car with alcohol content of 0.137% while under the influence of alcohol without obtaining a driver’s license from the influent section from the front of a mutual influent drinking house to the roads of 353-88 U.S. Government Howon-dong 353-88.

The defendant had had the record of punishment for driving under drinking more than twice as above, and again, he/she was driving under drinking and driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, and inquiring about the results of regulating drinking;

1. Reports and investigation reports on the occurrence of traffic accidents (report on the situation of the driver at the main place);

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to a reply, such as inquiry about criminal history, reporting on the results of a prior conviction and investigation (verification of such past conviction and attachment of relevant summary orders), such as a report on 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 the 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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, even though the Defendant had been subject to two times punishment due to drinking alcohol driving in the past, again committed the instant crime. In particular, even though the Defendant was under control by drinking driving on December 12, 2017, he again committed the instant crime after about four months thereafter, and thus, the nature of the instant crime is poor.

another.

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