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(영문) 의정부지방법원 2019.02.15 2017고단5605

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant sentenced 8 months of imprisonment with prison labor and 200,000 won for the crime of obstruction of performance of official duties, etc. by the District Court, which completed the execution of the sentence on March 31, 2015.

On November 30, 2007, the Defendant was sentenced to a fine of seven million won for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act at a district district court on November 30, 2007 and was sentenced to a fine of one million and five hundred thousand won for a violation of the Road Traffic Act in the same court on May 25, 2017.

On November 17, 2017, at around 15:05, the Defendant driven a C G80 car while under the influence of alcohol 0.060% in blood alcohol concentration, without obtaining a driver's license from the influence area (hereinafter referred to as the “influence”) to the front road of the Gyeonggi-si, the Namyang-si.

Accordingly, the Defendant, who violated the prohibition of driving at least twice without obtaining a driver's license, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. A written appraisal of blood alcohol;

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, the facts of “violations at least twice” in Article 148-2 (1) 1 of the Road Traffic Act, copies of written judgments, and the application of Acts and subordinate statutes on the acceptance status of individuals;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had committed three times the crime of drinking and refusing to measure drinking while in the past.