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(영문) 의정부지방법원 2018.06.05 2018고단1207
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 June 22, 2016, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on June 22, 2016, and on October 10, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of three million won from the same court due to the same crime, etc. on the same date.

On January 11, 2018, the Defendant driven a 31 ton cargo vehicle without a driver’s license while under the influence of alcohol content of about 2 km from the front line of the suspect B in Gyeonggi-gun, Gyeonggi-do to the front line of the 159 Southern-do, the south-do, to the front line of the 159 Southern-do intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of response to requests for appraisal, driver's license;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures are two times before driving alcohol, one time before driving without a license, the traffic accident that causes street lights due to the drinking or non-licenseing of this case, the higher amount of alcohol content by 0.210% (blood collection value) during blood, except in half the fact that there is no criminal record of the same kind of suspension of execution or higher, and the traffic accident of this case where the defendant suffered considerable severe injuries due to the traffic accident of this case shall be determined by comprehensively taking into account;

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