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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단662
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on November 16, 2007, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drawing) in the same court on November 16, 2007, and on June 17, 2008, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drawing without a license) by the same court on June 17, 2008, and on November 13, 2014, the judgment became final and conclusive on November 21, 2014.

On January 16, 2016, the Defendant driven a motor vehicle with a alcohol level of about 100 meters in the front and front of the Egynag-gu Egynag-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, without obtaining a driver's license from a section of about 100 meters in front of the Egynag-dong, and driving a motor vehicle with a alcohol level of at least 0.116% under the influence of alcohol level in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Accident scene and vehicle photograph;

1. References to inquiries, such as criminal history, and the application of two copies of summary order and two copies of the judgment;

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;

1. In light of the record of the crime in which the Defendant’s reasoning for sentencing under Articles 53 and 55(1)3 of the Act on Reduction and Exemption of Small Quantity is indicated, in particular, the same vehicle is driven without a driver’s license during the period of suspension of execution, and the occurrence of an accident, etc., the corresponding strict punishment should be imposed.

The alcohol value of the instant case is also high.

However, it is particularly advantageous to the fact that the defendant scrapped the vehicle of this case and breaking the error in depth, and there are families to support.

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