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(영문) 의정부지방법원 고양지원 2019.05.23 2019고단1028
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on November 4, 201, was notified of a fine of KRW 3 million for the crime of violation of the Road Traffic Act, and a fine of KRW 2 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on June 27, 2014. On July 19, 2018, the Defendant was sentenced to a suspended sentence of KRW 2 million for 8 months for the crime of violation of the Road Traffic Act at the Seoul Central District Court on July 19, 2018, and the suspended sentence became final and conclusive on July 27, 2018.

1. On February 4, 2019: around 06:18, the Defendant driven a vehicle in Cti-gu under the influence of alcohol level of 0.111% at the section of about 10km from the front of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government to the front day of the day-to-day located in 463-7, Mapo-gu, Mapo-gu, Seoul.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a car in C Tti-gu as described in the preceding paragraph without a driver’s license at the time and place of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Consent to blood collection, written confirmation, and written appraisal report;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of each of the following Acts and subordinate statutes, such as inquiries into criminal records, investigation reports (verification of attachment of judgments related to the same kind of electric power and period of suspension of execution), judgments, and summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. The circumstances are more favorable to recognize and reflecting the defendant's reasons for sentencing selective punishment of imprisonment with prison labor.

However, the defendant's drinking operation is the same.

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