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(영문) 의정부지방법원 2016.10.27 2016고단2609
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

On August 10, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million from the Jung-gu District Court on June 19, 2015 for the crime of violation of the Road Traffic Act.

On July 19, 2007 and February 3, 2015, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On June 17, 2016, the Defendant driven a motor vehicle in B Sti-type under the influence of alcohol of 0.155%, without obtaining a driver’s license from the roads adjacent to the two stations located in the Southern East-si, Yangju-si, Gyeonggi-si to the same city from June 17, 2016 to the roads in front of the 3km-dong in the same city, while driving a motor vehicle in the influence of alcohol of 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

In addition, the defendant, in addition to the punishment power of the above drunk driving, is driving without a license around 2007, and around 208.

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