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(영문) 의정부지방법원 2016.11.24 2016고단2981

도로교통법위반(음주운전)등

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

Reasons

Punishment of the crime

On December 18, 2013, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act, etc. at the Jung-gu District Court on December 18, 2013. On October 27, 2014, the Defendant was sentenced to a fine of five million won for the same crime by the same court.

[Criminal Facts of crime] On June 24, 2016, around 07:45, the Defendant driven Cho-do under the influence of alcohol concentration of about 0.145% without obtaining a driver's license from approximately 500 meters in a section of 500 meters from the date before the 2342 Sewol ferry in the Dongbcheon-si, Gyeonggi-do to the date under the high-priced road located in the 88 chip station in the same city.

around 17:30 on August 20, 2016, the Defendant driven a 4km car without a car driver's license, from the front side of "E" located in D in Yangju City, to the front side of "E located in D" through the front road of "E" located in D in Yangju City via the front road of "E", which is located in D in Yangju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Registers of driver's licenses and license registers;

1. Previous records: References to criminal records and investigation reports (Attachment to judgments of the same kind of punishment for suspects) shall be applied;

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; and

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

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a convenient means of transportation. However, since the reason for sentencing is a dangerous article that can be inferred by a dangerous weapon, a person operating an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving can lead to large-scale accidents while driving under the influence of attention and physical exercise ability.