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(영문) 의정부지방법원 고양지원 2018.05.09 2018고단274

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 06:37 on December 17, 2017, the Defendant driven a BS-type car with approximately 500 meters alcohol concentration of 0.304% in blood alcohol level on the road near the post office located in Mangsan-dong, Busan-gu, Mangsan-do to the front road of the 140-gu Donsan-dong from the road in the same river to the front road of the 140-gu Donan elementary school.

On February 13, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on February 13, 2014, and on February 12, 2018, the Defendant was not detained for a crime of violating the Road Traffic Act (drinking) and was pending in the trial.

[2] On March 23, 2018, the Defendant driven a B Sp-type car under the influence of alcohol content of 0.076% without obtaining a driver’s license from the roads near the Kuyang-gu Seoul Metropolitan City nuclear road to the country of the same subparagraph, which is approximately 3km from the 3km section of the 1526 Gangwon-gu nuclear road to the front of the restaurant. The Defendant driven a B Sp-type car without obtaining a driver’s license.

Summary of Evidence

"2018 Highest 274"

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, and statement or report on the circumstances of the driver;

1. A written appraisal of alcohol during blood;

1. Crafic photograph "2018 Highest 761";

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, one copy of a summary order, reporting previous convictions in disposition, and the results of confirmation;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between crimes of violation of the Road Traffic Act (Act No. 761 on March 2018, 761), and crimes of violation of the Road Traffic Act (only between crimes of non-licenseing);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.