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(영문) 의정부지방법원 2017.06.14 2016고단2053

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On August 26, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution due to a violation of road traffic laws at the Seoul Central District Court, etc. On August 4, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor due to a violation of road traffic laws at the Jung-gu District Court on August 4, 201, and was sentenced to 1.5 million won of fine at the Jung-gu District Court on November 30, 201.

[2] The Defendant: (a) driven a motor vehicle under the influence of alcohol on November 30, 2008; (b) on February 25, 2011; and (c) on May 18, 201, while driving a motor vehicle on at least two occasions under the influence of alcohol on May 18, 201; and (b) driven a motor vehicle under the influence of Article 44(1) of the Road Traffic Act on at least two occasions; and (c) on February 18, 2015, around 00:47, in the south-gu Seoul Special Metropolitan City of Gyeonggi-do, the Republic of Korea driven a motor vehicle with B K5 under the influence of alcohol content of approximately 40 meters from the 40 meters alcohol to the 1235-ro of the same Eup.

On March 2, 2016, the Defendant operated Dmera truck in the section of approximately 2 km from the front day of the Seongbuk-gu, Seoul to the front day of the Seongbuk-gu 127 National Bank, Seongbuk-gu, Seoul, without obtaining a driver's license around 08:0 on March 2, 2016.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Each police statement protocol against C and E;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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