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(영문) 의정부지방법원 2018.06.11 2018고단1396
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

[criminal history] On May 25, 2016, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine of KRW 1,00,000,000 as a violation of road traffic law (driving), and from March 28, 2018 to a fine of KRW 2,00,000 as an identical crime.

[2] On March 29, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) was driving a bex motor vehicle under the influence of alcohol leveling 0.096% of alcohol level in the blood alcohol level without obtaining a driver’s license from around the home flass road located in the Suwon-si, Suwon-si, Suwon-si, to the water source front road located in the same Dong; and (c) was driving a bex motor vehicle under the influence of alcohol leveling 0.096%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Period of punishment by law: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: Ten months of imprisonment, and two years of suspended sentence, the Defendant, even though he had a record of punishing drinking, was driving without a license under the influence of alcohol again within a short time and again under the influence of alcohol.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, background and motive of the crime, blood alcohol concentration, distance from driving alcohol, circumstances after the crime, and other conditions of sentencing as shown in pleadings, the punishment shall be determined as per the text.

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