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(영문) 의정부지방법원 2015.10.08 2014고단1671

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On April 27, 2007, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Road Traffic Act, etc. at the Jung-gu District Court on January 27, 2010, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Jeju District Court on January 27, 201. On May 26, 201, the Jeju District Court was sentenced to a fine of four million won for a violation of the Road Traffic Act.

In addition, on December 21, 201, the Jeju District Court sentenced six months to imprisonment for a violation of the Road Traffic Act (driving) and was released as a ruling of revocation of detention on June 3, 2012 pending in the appellate trial on June 3, 2012. On January 16, 2013, the sentence was terminated by the said ruling of the appellate court on January 24, 2013, which became final and conclusive on January 24, 2013.

[2014 Highest 1671] Around July 22, 2013, the Defendant driven a car at the section of approximately 200 meters from the front of the cafeteria, which is located in the action of Dongducheon-si, in the state of alcohol concentration of 0.221%. The Defendant driven a car at the section of approximately 200 meters from the front of the Kadu-si apartment complex in the same Dong to the front of the two complexes of the Kadu-si apartment complex.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

[2015 Highest 1810]

1. At around 00:01 on November 19, 201, the Defendant driven a flus vehicle under the influence of alcohol content of 0.133% without obtaining a driver’s license in a section of approximately 100 meters from the 100-meter distance from the flusive fishing in the East-si, the East-gu, the East-do, to the front road in D, and without obtaining a driver’s license.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant violated the Resident Registration Act at around 00:09 on the same day as indicated in paragraph (1), and as a result, when he was under influence of drinking at the above place, he was working as G.