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(영문) 의정부지방법원 2018.07.17 2018고단1256

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic laws (drinking driving) from the Sungnam branch of the Suwon District Court on April 16, 2010 and received a summary order of KRW 1,00,000 as a fine for a violation of road traffic laws (dacting driving) at the Jung-gu District Court on April 16, 201, and on January 19, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws (dacting driving) at the Jung-gu District Court on January 27, 201, and was sentenced to a suspended sentence of

On March 24, 2018, the Defendant driven a Danland under the influence of alcohol leveling 0.216% while under the influence of alcohol leveling 0.216%, without obtaining a driver's license, from around the 18:55 on March 24, 2018, around 300 meters from the front of the city B in order to the front of the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notification of the results of the crackdown on the driving of drinking, field photographs, the list of reported cases in 112, the next inquiry, etc.;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (limited to the driving distance of 300 meters, the fact that the instant vehicle appears to have been disposed of, and reflects the situation) of the Act on the Reduction of Small Quantity is three times before the driving of alcohol, and in particular, the Defendant repeated the instant drinking during the suspended execution period due to the driving of alcohol, and the Defendant is extremely high to 0.216% of alcohol concentration during the blood transfusion, and thus, it is inevitable to sentence the Defendant as a sentence.

However, the punishment shall be determined in consideration of the fact that the driving distance is over 300 meters, the fact that the vehicle in this case appears to have been disposed of, and the reflection thereof.