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(영문) 의정부지방법원 고양지원 2015.10.08 2015고단2335

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal power] On December 21, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on December 21, 201, and six months for a violation of the Road Traffic Act at the Jung-gu District Court on October 20, 201, respectively.

【Criminal Facts】

1. The crime committed on January 24, 2015;

A. Although the Defendant had been subject to punishment more than twice as above, on January 24, 2015, the Defendant driven CP car while under the influence of alcohol of 0.100% in the blood alcohol concentration on the brea-dong, Goyang-gu, Goyang-si, Goyang-si, Goyang-si, and without a vehicle driver’s license.

B. The Defendant driven a motor vehicle with the duty of mandatory insurance that was not covered by the motor vehicle at the time and place specified in paragraph 1(a).

2. The crime committed on September 3, 2015;

A. At around 10:40 on September 3, 2015, the Defendant driven the said car without a driver’s license, on the front side of the Goyang-dong-gu, Goyang-si.

B. The Defendant driven a motor vehicle with the duty of mandatory insurance that was not covered by the motor vehicle at the time and place specified in paragraph 2(a).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial report of the driver of the brewing ship;

1. Investigation report;

1. License register;

1. Photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (applicable to the same criminal record, the judgment, and the summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The defendant, among concurrent crimes, has already been under the influence of alcohol, or has already been under the reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.