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(영문) 의정부지방법원 2016.07.21 2015고단415
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 10, 2011, the Defendant issued a summary order of KRW 3,50,000 to the Jung-gu District Court for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the violation of Road Traffic Act, the summary order of KRW 3,50,000 by the same court on October 9, 2012, a fine of KRW 4,50,000 to a fine for the violation of Road Traffic Act, and a fine of KRW 7 million by the same court on January 8, 2015 to a fine for the violation of Road Traffic Act.

The Defendant, while under the influence of alcohol content 0.128% in blood without obtaining a driver’s license, driven a vehicle B with a distance of about 2 km from the village distance in the city of Mapocheon-si on January 8, 2015 to the front road of the industrial company in consideration of the same side from the three distance in the city of Mapocheon-si on January 8, 2015.

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

Summary of Evidence

1. A report on the occurrence of a traffic accident or a report on the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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;

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