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(영문) 의정부지방법원 2018.04.13 2017고단5170
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 17, 2007, the Defendant issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act (unlicensed Driving) at the Seoul Northern District Court, and on May 13, 2008, the Defendant issued a summary order of KRW 1,50,000 for the same crime at the Jung-gu District Court on May 13, 2008 and has violated Article 44(1) of the Road Traffic Act not less than twice.

On November 13, 2017, while under the influence of alcohol content 0.074% during blood transfusion 20:38 on November 13, 2017, the Defendant driven a C-car without a vehicle driver’s license from the front side of the Jinyang-si, Jinyang-si 1-70% in Jinyang-si, Jinyang-si to the front parking lot of the original apartment located at No. 1-73 1-3, 70 meters in each city.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle without a driver's license, while driving the motor vehicle again while under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving without a license, inquiry of the results of crackdown on driving under drinking, and notification of the results of

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment are punished by a fine of 1,00,000 won for a crime of violating the Traffic Act (unlicensed Driving) on August 17, 2007, and a fine of 1,50,000 won for the same crime on May 13, 2008, and a fine of 2,50,000 won for a crime of violating the Traffic Act (driving) on November 4, 2009, and a fine of 3,00,000,000 won for the same crime as in this case on October 25, 2012, and imprisonment for the same crime on October 31, 2014.

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