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(영문) 의정부지방법원 2016.11.10 2016고단2302
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2008, the Defendant was sentenced to a summary order of two million won or more as a crime of violation of the Road Traffic Act by a district court of Jung-gu on September 23, 2008, and a summary order of 1.5 million won or more as a fine for the same crime in the same court on April 27, 2016, and was punished twice or more as a crime of violation of the Road Traffic Act.

From March 26, 2016 to May 14, 2016, the Defendant was under the influence of the driver’s license, but around 01:00 on April 29, 2016, the Defendant driven B ebbbbbb, under the influence of alcohol, from the 150 meters section to the road before the cU convenience store located in 11-gil 28-ro 11, Namyang-si, Namyang-si, Namyang-do until the cU convenience store located in 23-ro 23, the Defendant driven B eb, under the influence of alcohol concentration of 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is a convenient means of transportation. However, since the dangerous articles may be inferred with a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

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.

However, there is no record of punishment exceeding the fine due to the same kind of offense.

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