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(영문) 의정부지방법원 2016.11.24 2016고단2154
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 30, 2010, the Defendant was sentenced to a suspended sentence of two years for the following reasons: (a) on April 15, 2014, the imprisonment with prison labor for the violation of the Road Traffic Act was sentenced to a suspended sentence of two years; (b) on April 15, 2014, the same court was sentenced to a suspended sentence of two years for the same crime; and (c) on April 23, 2014, the judgment became final and conclusive.

On May 23, 2016, at around 23:55, the Defendant driven a Dropical car with approximately 100 meters alcohol level 0.224% under the influence of alcohol level from the front day of the “slick lids lids lids lids lids lids lids” located in the Songcheon-si, Seocheon-do, Seocheon-do, Gyeonggi-do (Seoul) to the front day of the 100-meter back road of the same Eup/Myeon.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

On April 30, 2010, the Defendant was sentenced to the suspension of the execution of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the District Court of Jung-gu on April 30, 2010; on April 15, 2014, the Defendant was sentenced to the suspension of the execution of one year by imprisonment with prison labor for the same crime; on June 16, 2016, the Defendant was detained for the same crime in the same court and is currently pending trial.

On June 28, 2016, around 00:15, the Defendant driven a DNA liquid vehicle under the influence of alcohol content of about 100 meters from the front side of “Pariari” in Masan, to the front side of the members in the same Ri, from around 100 meters to the front side of the crew in the same Ri.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the actual state of driving each driving under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);

1. Each relevant Article of the Act concerning criminal facts;

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