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(영문) 의정부지방법원 고양지원 2017.08.31 2017고단1704

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 17, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the District Court on July 17, 2012. On January 12, 2017, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On May 12, 2017, the Defendant driven the volume of a Clater’s vehicle under the influence of alcohol by 0.129% without a driver’s license in a section of approximately 150 meters from the parking lot of “ tree construction office” located in the Dong-gu Dong-dong, Yongsan-gu, Seoul Metropolitan City to the front day of the “Flow-dong” parking lot located in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, notification of the results of crackdown on driving of alcohol, report on the circumstances of the driver of alcohol, report on the situations of driving of alcohol and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, details of inquiry about management of a master report, reporting of the results of confirmation of the previous convictions of each disposition, and application of statutes of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. The Defendant had a number of records of punishment due to the previous drinking driving. In particular, the Defendant once again driven the instant drinking alcohol even during the suspension period.

The amount of alcohol concentration among the blood of this case is not low.

A sentence shall be imposed on a defendant who repeats drinking driving.