beta
(영문) 의정부지방법원 2018.11.06 2018고단3366

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2006, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving), etc. on August 12, 2006, and was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. in the same court on February 4, 2009. On July 1, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (dacting driving). On April 12, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (dacting driving), and on January 10, 2018, the same court was sentenced to a summary order of seven million won for a fine for a crime of violating the Road Traffic Act (dacting driving).

Criminal facts

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, once again, driven a motor vehicle in E-mail without obtaining a driver’s license from the front of the road located in Namyang-si B around June 20, 2018 to the front of the road in the same city D, with approximately 800 meters alcohol concentration at approximately 0.088% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the fact that the alcohol content in blood is less than 0.1%, and the crime of this case is contrary to the crime of this case) of the Act on the Mitigation of Small Quantity is that the defendant has been sentenced to a fine on January 2, 2018, and the defendant has been sentenced to a fine on the one hand, two times before the suspension of execution, two times before the suspension of execution, and one time before the suspension of execution, and one time after the suspension of execution. On June 2018, 2018, the defendant was sentenced to a fine on the other hand, even if he was sentenced to a fine on the other hand