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(영문) 의정부지방법원 2018.11.14 2018고단3510
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On September 16, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), and a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on June 30, 201, respectively. On November 8, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 8, 2013.

On September 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of the performance of official duties by the District Court, and completed the execution of the said sentence on July 28, 2016.

On August 4, 2018, the Defendant driven D9CC under the influence of alcohol content of 0.18% while under the influence of alcohol without obtaining a motor device bicycle license from the street in front to C in approximately 500 meters section from the 500-meter radius to the street on August 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

1. Inquiries about the result of crackdown on driving alcohol (the evidence list 8);

1. Previous convictions in judgment: References to the results of crackdown on driving under drinking (Evidence List 9, 10), references to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of the same type of force, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has the record of being punished several times due to the type of a crime or the same drinking or non-licensed driving even before the defendant was sentenced to punishment.

Nevertheless, a motor bicycle was operated under the condition that alcohol concentration of 0.18% is 0.18% during the period of repeated crime due to other crimes.

However, there is a disability corresponding to class 6 of the delay disability, and the risk of causing the public rather than the general vehicle is relatively relatively.

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