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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단2649

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 10, 2009, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 10, 2009; on October 25, 2012, the same court issued a summary order of 5 million won for a violation of the Road Traffic Act; on May 23, 2014, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act; on July 10, 2015, on the same court was sentenced to imprisonment of 6 months for a violation of the Road Traffic Act (driving) and became final and conclusive on November 5, 2015, and the period of the suspended sentence was expired on April 29, 2016 while the execution of the sentence was executed by a government prison.

【Criminal Facts】

Although the Defendant had had a alcohol driving twice or more as above, on August 11, 2016, the Defendant, while under the influence of alcohol at around 05:00 on a blood alcohol level of 0.157% on August 11, 2016, driven a DNA-purd car at a distance of about 100 meters from the distance of about 769-2 to the front road of the Sinyang-gu Sinyang-gu Sinsan-gu Sinsan-dong Mansan-dong Masan-dong Mandong Man-2, without a vehicle driving license

Accordingly, the Defendant, who had a drunk driving twice or more, once again driven a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, circumstantial statement of drivers, and driver's license register;

1. On-site photographs;

1. Previous records before ruling: Application of criminal records, investigation reports (verification of the same kind of power and the completion of execution of punishment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 48 (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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act among repeated crimes;