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(영문) 의정부지방법원 2018.04.17 2018고단18
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

On March 30, 2009, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving), etc. at the District Court of the Republic of Korea on or around March 30, 2009, and on May 18, 2017, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of one million won for the same crime from the same court.

On December 28, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 2.7 km from the front road to the front road in the vicinity of the Daecheon-si University located in the Mancheon-si, Mancheon-si, Mancheon-si, 293, at approximately 0.214 % of alcohol content in blood without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past 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. 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 Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, are three times before drinking drivers, and two times before driving without licenses, and the alcohol concentration at 0.214% was very high at the time of driving of the instant drinking.

However, the punishment shall be determined in consideration of the facts against the defendant and the facts not less than the same kind of criminal records.

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