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(영문) 의정부지방법원 2018.09.07 2018고단3131
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 24, 2007, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court on November 24, 2007, and on November 3, 2008, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the same court on November 3, 2008.

On May 17, 2018, the Defendant driven a motor vehicle for the Brocketing traffic vehicle without obtaining a driver's license from the center of the Hanwon-dong around 01:29 to the 220-2nd road of 500 meters alcohol level from the 500m section of blood alcohol level from the 500-2nd road of the same city.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the relevant judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of previous convictions of disposition, investigation report (Attachment report, such as a copy of summary order), Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense subject to the relevant Acts and subordinate statutes;

1. As to the illegality of the crime of this case, the grounds for sentencing of selective imprisonment with prison labor as to the punishment for the crime of this case are first specified in Articles 40 and 50 of the Criminal Act (the punishment provided for a crime of violating the Road Traffic Act with heavier punishment).

At the time of the instant crime, the Defendant’s blood alcohol concentration was very high by 0.242%, and the Defendant rhydddd the horses at the time of being discovered by driving under drinking, and was unable to drive normally in the state of drinking, such as large distance during walking. As such, the risk of traffic accidents caused by driving under drinking was high.

In addition, the defendant is at the intersection.

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