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(영문) 의정부지방법원 2015.09.16 2014고단3443
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 12, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court for the crime of violation of the Road Traffic Act. On July 23, 2013, the Defendant was sentenced to a fine of 4 million won for the same crime by the District Court of the Republic of Korea.

[2014 Highest 3443] On August 26, 2013, the Defendant driven Bwing and III Cargo Vehicles with approximately 30cc blood alcohol concentration of about 0.168% at the front parking lot of 109, Jin Chang-Gongju apartment 663, Jin Chang-dong, Jin Chang-dong, Mari-si, a 663-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

[2014 Highest 4560] Around 02:30 on August 27, 2013, the Defendant driven a B-wing truck with the blood alcohol concentration of 0.077% under the influence of alcohol without obtaining a driver’s license from the acquisition of both documents in Gyeonggi-si to the same west-si, Seogho, 151-26 of the same military.

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

[2015 Highest 3443]

1. Police suspect interrogation protocol of the accused;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver (2015 high-ranking 4560);

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Investigation report (report on currency with a suspect - Examination as to whether the crime has been committed);

1. Application of statutes concerning criminal records;

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

1. Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act, referred to in August 27, 2013 and the crimes of violation of the Road Traffic Act, referred to in the provisions of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

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