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(영문) 의정부지방법원 2017.08.08 2017고단3155

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on April 6, 2015, and on February 2, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a crime of violating the Road Traffic Act (drinking driving), and the judgment became final and conclusive on February 10, 2017, and is currently under the suspended sentence.

On 16:35 on 06. 16:16. 09., the Defendant driven a math car under the influence of alcohol content 0.169% while under the influence of alcohol content 0.169%, without obtaining a driver’s license, from the front side of the rest area in Ischeon-si, Leecheon-si to the front side of 316km-si, Leecheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the license ledger;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and application of Acts and subordinate statutes, such as reporting on the previous convictions;

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. Article 53 and Article 55(1)3 of the Criminal Act (the defendant reflects the fact that the defendant is, and the vehicle in this case is scrapped, that the driver will no longer drink or drive without a license while scrapping the vehicle in this case;

The reason for sentencing is as follows: (a) the Defendant was raising alcohol concentration of 0.169% in blood at the time of the instant case; (b) the Defendant was prior to three alcohol drivers and six-timeless drivers; and (c) the Defendant was sentenced to suspended sentence due to drinking driving and non-licensed driving, and was sentenced to suspended sentence on the last four months, and was sentenced to suspended sentence on the last four months.