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(영문) 의정부지방법원 2018.11.20 2018고단3698
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

[criminal history] On June 17, 2008, the Defendant was issued a summary order of 2.5 million won for a violation of road traffic law (drinking driving), and a summary order of 4 million won for a violation of road traffic law (drinking driving) at the Jung-gu District Court on June 7, 2017.

[2] On August 24, 2018, the Defendant driven Brocketing car under the influence of alcohol concentration of about 0.05% without obtaining a driver’s license from around 300 meters in the section of 300 meters from the front side of the 8-gil 12-gil Gai to the front side of the 300-gil Gai-ro 135-3 Gai-ro, both of which are located in Yangju-si on August 24, 2018

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 written inquiries about criminal history and other Acts and subordinate statutes;

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 is three times before the Defendant is a drinking driver, and the Defendant was sentenced to a suspended sentence on one occasion due to the occurrence of traffic accidents due to a driving without a license.

However, the punishment shall be determined in consideration of the fact that the blood alcohol concentration at the time of the instant case is not relatively high by 0.055%, the violation of the instant crime, and the fact that there is no previous record of driving drinking exceeding the fine.

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