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(영문) 의정부지방법원 2017.04.24 2017고단1146
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspension of execution due to a violation of road traffic law at the Jung-gu District Court on December 24, 2014. On April 16, 2013, the Defendant was sentenced to a fine of 8 million won or more due to a violation of road traffic law, and the same court was sentenced to a summary order of 8 million won or more due to a violation of road traffic law and was sentenced to a fine of 6 times or more, and was sentenced to a total of 5 times or more due to a total of 5 times of a violation of road traffic law (non-licensed driving), and was sentenced to a total of 5 times of a violation of road traffic law (non-licensed driving), and on March 23, 2017, the judgment became final and conclusive on March 31, 2017.

On January 27, 2017, around 11:10, 2017, the Defendant driven an E rocketing car with approximately 100 meters alcohol concentration 0.176% under the influence of alcohol in the blood without a driver’s license from 100 meters in front of the D convenience store located in Dongducheon-ro 279-9, East-do, 279-9.

Accordingly, the Defendant was under the influence of alcohol more than twice but was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A criminal investigation report (CCTV CD reproduction report);

1. Previous convictions in judgment: Investigation report (Attachment of sentences, etc. of judgment), inquiry about criminal history, and application of Acts and subordinate statutes of investigation report (Attachment of judgment);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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