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(영문) 의정부지방법원 2018.01.10 2017고단5349
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 5, 2007, the Defendant received a summary order of a fine of four million won or more due to a violation of road traffic laws at the Seoul Central District Court, and a summary order of a fine of four million won or more due to a violation of road traffic laws at the Seoul Northern District Court on February 23, 2016.

On May 23, 2017, the Defendant was sentenced to one year of imprisonment for a violation of road traffic laws at the Jung-gu District Court, and was sentenced to three months of imprisonment for a violation of road traffic laws (non-licenseless driving) at the same court on August 30, 2017. On October 25, 2017, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic laws at the same court on October 25, 2017. On December 13, 2017, the Defendant appealed each of the appeals, and was sentenced to one year and six months of imprisonment with labor at the District Court of the appellate court, the consolidated appellate court, and thereafter, the Defendant was sentenced to one year and six months.

On June 27, 2016, at around 21:50, the Defendant driven a Category C rocketing car without a driver’s license in the state of 0.065% alcohol concentration in blood from around 50 meters to around 992-28, from the front of a string restaurant located on the separate side of the Namyang-si, Namyang-si, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the result of crackdown on driving of alcohol (2: 11, 34 pages);

1. Registers of driver's licenses (2: 54 pages, one right 27 pages);

1. Previous convictions in judgment: References to inquiries, such as criminal history, two copies of a summary order, investigation reports (verification of records during the trial), three copies of the judgment, inquiry into consolidated cases, and reporting of the results of previous convictions in disposition, and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1, subparagraph 1 of Article 44, subparagraph 1 of Article 152, subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant’s driving of the instant drinking and non-licenseed driving for the reason of sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

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