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(영문) 의정부지방법원 2016.06.23 2016고단1324
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant received a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (drinking), etc. from the Incheon District Court, on November 16, 2015, a fine of KRW 7 million due to a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court, respectively. On June 17, 2010, the Defendant was sentenced to a fine of KRW 2 million due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court’s Busan District Court’s Vice-Support.

The Defendant, while under the influence of alcohol on May 26, 2008, June 9, 2008, and August 7, 2015, committed a violation of Article 44(1) of the Road Traffic Act by driving a motor vehicle at least twice. On April 10, 2016, the Defendant driven a motor vehicle with a body of body C while under the influence of alcohol at least 0.136% under the influence of alcohol in the blood alcohol concentration from the parking lot of the fifth day in the Dong-gu Incheon-si, Gyeonggi-gu, Gyeonggi-do on April 10, 2016 to the front roads of Korean pharmacies located in the same Si/Gun/Gu-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home and report on the circumstances of driving without licenses;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

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 small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

The defendant has already been punished by drinking alcohol, etc., and the defendant on November 16, 2015.

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