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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단254
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on October 25, 201, the Defendant was sentenced to a fine of KRW 3.5 million with the same crime, etc. in the same court on February 20, 201, sentenced to a fine of KRW 4 million with the same crime, etc. in the same court on February 20, 2014, and was sentenced to a fine of KRW 4 million with the same crime on November 23, 2017, and was sentenced to a suspended sentence of six months with imprisonment with prison labor for the same crime on December 1, 2017.

On November 1, 2017, at around 22:50, the Defendant driven a sports car in the Bcoon without obtaining a driver's license in the state of alcohol while under the influence of alcohol for about 5km from the area of about 0.186% of alcohol to the route glass in the Sinju-Eup, Chungcheongnam-si from the roads near the E-village in the Sinju-si, Pakistan-si to the route glass.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;

1.The driver’s license ledger and the report on the state of driver’s license;

1. Report prior to and after judgment: Criminal history records, probationary records, report on the results of confirmation of dispositions, investigation report (former and summary orders, and judgment) shall apply to Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The fact that concurrent crimes have been punished for driving under the influence of alcohol for reasons of sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act, the fact that drinking without a license is relatively high, the fact that drinking without a license was again driven while being tried due to the crackdown on driving under the influence of alcohol (the judgment of probation was rendered due to the lack of attendance at the above trial) and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, such as the age of the accused, shall be determined as per the disposition

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