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(영문) 의정부지방법원 고양지원 2018.09.12 2018고단1524
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 14, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 100,000 for a crime of violating road traffic law at the Seoul Western District Court, and on August 12, 2013, issued a summary order of KRW 3 million for the same crime at the same court. On April 19, 2018, the Defendant was sentenced to a suspended sentence of KRW 2 years for a crime of violating road traffic law, and the judgment became final and conclusive on the 27th of the same month.

[Criminal Facts] On May 26, 2018, the Defendant was under the influence of alcohol content of 0.081% in blood without obtaining a driver’s license on May 26, 2018, and was driving a DNA car at approximately 11 km from the road near the original station in Gyeyang-gu, Yangyang-gu, Yangyang-gu, where the trade name near the original station of Sungju-si cannot be known, to the future of the pju-si, the 311 (Dong Dong Dong-dong) and the 11k-day car at the front of the lower court.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of regulating drinking;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (reports on confirmation of such previous history), application of the defendant's statutory statement statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, 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. In addition, there is a number of records of punishment for driving under the influence of alcohol for the reason of sentencing of selective sentence of punishment, as well as the current period of suspension of sentence after being punished for driving under the influence of alcohol, driving without a license under the influence of alcohol again for about one month from the day on which the suspension of the above sentence becomes final and conclusive, driving without the influence of alcohol is relatively lower than the drinking value, reflects the fact that the vehicle is scrapped, scrapping of the vehicle driven, and all other factors such as sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age

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