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(영문) 의정부지방법원 2019.01.11 2018고단4582
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant was sentenced to a suspended sentence of nine months by imprisonment for a violation of the Road Traffic Act, etc. at the District Court of the Republic of Korea on September 11, 2017, and was sentenced to a suspended sentence of six months by the same court on September 14, 2018.

On September 11, 2018, around 01:30, the Defendant driven a Dco or car under the influence of alcohol content of about 0.202% without obtaining a driver's license, from around the public playground, which is located in 1stm in the city of Ki-si, Ji-si, Ji-si, to the same Ist of the same city.

Summary of Evidence

1. Defendant's legal statement;

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 report on the actual state of the driver;

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

1. Registers of driver's licenses;

1. Records of, and photographs on the spot at the time of crackdown on, drinking measuring instruments;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, confirmation of the period of suspension of execution, etc., and application of statutes of judgment;

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. The Defendant, at the time of committing the instant crime, has significantly increased the risk of traffic accident by driving a motor vehicle with a high level of 0.202% alcohol content at the time of the instant crime. Therefore, the illegality of the crime is high.

In particular, on July 11, 2017, the Defendant was sentenced to 9 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and 2 years of suspended sentence on July 19, 2017, and the said judgment became final and conclusive on July 19, 2017, and was tried by this court on the above criminal facts after driving a motor vehicle under the influence of 0.187% of blood alcohol concentration around June 13, 2018 during the suspended sentence period, and was tried by this court on the said criminal facts. The date of sentence ( September 14, 2018) is re-designated.

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