beta
(영문) 의정부지방법원 고양지원 2016.06.10 2015고단1339

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 6 million on March 12, 2012 due to a violation of the Road Traffic Act (dacting driving) in the Goyang Branch of the Jung-gu District Court on March 12, 2012, and a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) in the same court on February 5, 2013.

[Criminal facts] 【2015 High Order 1339】

1. On May 9, 2015, the Defendant: (a) driven a D-wing vehicle without a driver’s license while under the influence of alcohol leveling 0.210% from May 9, 2015 to May 21, 2015 to May 21, 2010; (b) around the 21:30 Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

【2015 order 1378】

2. On March 22, 2015, the Defendant driven a D-wing truck under the influence of alcohol concentration of 0.208% without obtaining a driver’s license from the 1km section from March 22, 2015 to the roads of the same Eup/Myeon, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, and the roads of the same Eup/Myeon.

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. A written inquiry for each driver's license;

1. Records of crime: Application of a written inquiry about criminal history, etc. and a copy of a summary order, among the evidence No. 2015 Highest 1378, to the Acts and subordinate statutes;

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

1. Articles 40 and 50 (only between the crimes of violating the Road Traffic Act by date and the crimes of violating the Road Traffic Act by date);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.