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(영문) 의정부지방법원 2018.04.18 2017고단4390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal history] On September 6, 2013, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of road traffic law at the general military court of the 1st military headquarters on September 6, 2013; on February 25, 2015, a fine of KRW 3 million for the same crime from the common military court of the 1st electric power headquarters on February 25, 2015; and on August 11, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

[2] On August 13, 2017, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; and (b) was driving Cra-car under the influence of alcohol 0.062% of alcohol while under the influence of alcohol without a vehicle driver’s license from the luminous insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular insular ins

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Inquiries about 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, and Article 154 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the Defendant had been subject to punishment several times due to drinking driving under Article 62-2 of the Social Service Order Criminal Act, he/she was driving without a license under the influence of alcohol again during the suspension period of execution due to the same kind of crime.

However, considering the favorable circumstances in which the defendant's depth and not repeating is committed, the sentence of a suspended sentence of imprisonment with prison labor imposed on the condition of community service as ordered shall be imposed by comprehensively taking into account the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc.

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