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(영문) 의정부지방법원 2016.08.25 2016고단1144
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2008, the Defendant received a summary order of KRW 2 million from the Jung-gu District Court on the grounds of a violation of the Road Traffic Act (drinking driving), such as a violation of the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million from the same court on December 9, 2008, and a summary order of KRW 6 million from the same court on December 21, 2012 due to a violation of the Road Traffic Act (drinking driving).

On July 7, 2008, November 8, 2008, and September 9, 2012, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On March 21, 2016, the Defendant driven a motor vehicle without obtaining a driver’s license from around 100 meters from the 100-meter radius front of the KT-distance commercial at the center in Gyeonggi-do to the front road of the CCTV Control Center located in the same city living in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.

In particular, drinking driving can lead to large-scale accidents while driving under the influence of attention and physical exercise ability, and it can lead to large and unspecified persons.

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