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(영문) 의정부지방법원 2017.01.12 2016고단3321

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

On November 9, 2006, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving), and on November 27, 2008, a summary order of 1.5 million won or more as a crime of violating the Road Traffic Act (drinking driving), respectively. On April 12, 2010, the same court was sentenced to imprisonment with prison labor for 6 months or 2 years of suspended execution.

1. A person who violated Article 44(1) of the Road Traffic Act by driving a motor vehicle under the influence of alcohol on September 20, 2006, Oct. 4, 2008, and February 1, 2009, and violated at least twice Article 44(1) of the Road Traffic Act on at least two occasions. A person who, around 00:45, around June 28, 2016, was driving a bicycle driver’s license for motor device on the roads near the Dongbcheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car-child with alcohol content 0.079%.

2. The suspect who has violated the Guarantee of Automobile Compensation Act shall not operate a motor vehicle on the road, which is a person who has an objection to 50cc substitute land without a number plate, and which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attached to the same kind of force);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation Act (a point of non-licensed driving);

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

1. Selection of penalty: Imprisonment with prison labor;