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(영문) 의정부지방법원 2018.05.18 2018고단1275

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 8, 2007, the Defendant was sentenced to a fine of five million won due to a violation of road traffic laws at the Jung-gu District Court on February 8, 2007, and was sentenced to a suspended sentence of six months for a violation of road traffic laws at the Jung-gu District Court on January 19, 2017, and was sentenced to a suspended sentence of two years for a violation of road traffic laws on January 27, 2017.

On October 30, 2016, the Defendant revoked a driver’s license on March 16, 201, and driven B MT car under the influence of alcohol with approximately 0.15% alcohol concentration at approximately 0.15% in the 600-lane off the road located in the parking lot of the Young-gu North-west Office located in Yongcheon-gu, Yongcheon-gu, Incheon Metropolitan City, the north-do Office of North Korea located in the same Ri. < Amended by Act No. 1531, Mar. 16, 2018>

Accordingly, the Defendant, who violated the regulations prohibiting driving under the influence of alcohol not less than twice, was driving a motor vehicle again while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions), text of judgment, and summary order Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act);

1. The reason for sentencing selection of the sentence of imprisonment with prison labor is a means of transportation convenient, but since it is a dangerous article that can change to a dangerous weapon, a person who operates an automobile has a duty to obtain a license and operate an automobile with due care in normal conditions;

In particular, drinking driving is a large-scale accident after driving under the influence of attention and physical exercise ability.