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(영문) 의정부지방법원 2018.01.26 2017고단5177

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On March 31, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Jung-gu District Court on May 20, 2009, and was sentenced to a fine of 1.5 million won for the same crime in the same court on May 23, 2013 and sentenced to a fine of 5.5 million won for the same crime in the same court on September 18, 2014 and sentenced to a fine of 5 million won for the same crime in the same court on September 21, 2015, on August 21, 2015, the Defendant was sentenced to a suspended sentence of 8 months for the same crime in the same court on May 13, 2016, and on May 22, 2017, in the execution of the sentence from Changwon prison on parole on July 13, 2017.

[2] On November 2, 2017, at around 16:55, the Defendant driven D 2 truck while under the influence of alcohol concentration of about 0.128% while under the influence of alcohol without obtaining a driver’s license, from around the lower part of the lower part of the steel farm located in the Hanwon-gun of Gangwon-do to the lower part of the flow-distance of the escape port located in the Seowon-gun of Gangwon-do to the lower part of the escape port located in the Hanwon-gun of Gangwon-do.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of driving more than twice without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A report on internal investigation (the first place of inspection);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, criminal suspect A, previous convictions against repeated crimes, and Acts and subordinate statutes which terminate the term of punishment;

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. Article 35 of the Criminal Act for aggravated repeated crimes;