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(영문) 의정부지방법원 2018.11.14 2018고단3668
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 20, 2010, the defendant was sentenced to a suspended sentence of one year for a crime of violation of road traffic law at a public prosecutor's office of the government-run local government on December 1, 201, the defendant was sentenced to a disposition of transfer of juvenile protection cases due to a violation of road traffic law at a public prosecutor's office of the government-run local government on December 1, 201, and on January 24, 2018, the defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) at a public prosecutor's office of the government-run local government on February 1, 201, and the judgment became final and conclusive on February

1. On July 14, 2018, the Defendant: (a) driven a e-mail vehicle under the influence of alcohol 0.172.% of alcohol content at a section of approximately 3.56 km from the front of the B apartment at Namyang-si, Namyang-si; (b) around 01:50 on July 14, 2018, the Defendant driven a e-mail vehicle under the influence of alcohol.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. Defendant 1 driven the said car without obtaining a driver’s license at the time and place specified in the above 1. Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. The driver's license ledger;

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

1. A report on investigation (report on confirmation of distance of the suspect);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, list of related cases, judgment of the same kind of case, application of Acts and subordinate statutes to investigation reports (former and confirm);

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 Code of the Commercial Concurrent Crimes (the punishment imposed on a person who violates the Road Traffic Act with more severe punishment).

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