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(영문) 의정부지방법원 2019.06.12 2019고단1183

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2012, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on November 29, 2012, and on April 6, 2016, sentenced six months to imprisonment with labor for the same crime in the same court on April 6, 2016, and completed the execution of the sentence on October 3, 2016.

On January 29, 2019, at around 03:25, the Defendant driven a rocketing car without obtaining a driver's license in the section of approximately 10 meters of alcohol content from the front of the Guri-si B to the front of the same city C, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. The actual condition survey report;

1. On-site photographs;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgment)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Prior to the reason for sentencing Article 35 of the Criminal Act among repeated offenders, the defendant has been punished several times due to the same kind of crime, such as drinking driving, driving without a license, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents.

Nevertheless, the crime of this case was committed during the same repeated crime, which is being driven under the influence of 0.131% of the blood alcohol concentration of the second repeated crime during the same period.

The Defendant had been parked in the course of driving the vehicle and the studio, and caused the accident in which his vehicle is considerably damaged.

The possibility of criticism against the defendant is high.

However, the fact that the defendant recognizes the crime and is against the defendant, the owner of the damaged vehicle has not been punished for the defendant, the vehicle of the defendant is covered by the comprehensive automobile insurance, and the defendant is covered by the comprehensive automobile insurance.