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(영문) 의정부지방법원 2016.11.18 2016고단1464
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 14:23 on April 3, 2016, the Defendant driven Csch Rexton car with a blood alcohol content of about 2 km from approximately 2km section from around 121-1 to before the clean system located in the same city-dong.

On April 28, 2015, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 28, 2015, and on April 28, 2016, the Defendant was not detained for a violation of the Road Traffic Act (driving) at the same court on April 28, 2016 and is currently pending trial.

【Criminal Facts】

1. On May 15, 2016, the Defendant, while under the influence of alcohol by 0.115% even after driving under the influence of alcohol twice as above, driven a car with 100-meter Csch Rexton at the front of the “Korean apartment”-ro 60-gil-ro 109-gil-ro at the same time on the roads in front of the “Yak Hospital” located in Yangju-si, Yangju-si.

2. On July 20, 2016, the Defendant, without obtaining a driver’s license at around 17:30 on July 20, 2016, driven a 2 km car from the front of the same city to the sub-road in peace-ro 1764 at the same time.

On September 2, 2016, the Defendant, at approximately 500 meters from the front road of the Defendant’s dwelling in Yangju-si to the front road of the same Socyoung-ro 29, without obtaining a driver’s license at around 17:27, 2016, driving Cschton car at approximately 500 meters from the front road of the Defendant’s dwelling in Yangju-si.

Summary of Evidence

[2016 Highest 1464]

1. Defendant's legal statement;

1. Written reply to the request for appraisal, and a written appraisal of blood alcohol;

1. A report on detection of a host driver (2016 high-level 3085);

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Making a report on the control of drinking driving;

1. Investigation report (Evidence Nos. 9);

1. A previous conviction: A inquiry letter, a statement of inquiry, a statement of absence of disposition, a report of results of confirmation, and a record file, such as judgment;

1. Defendant's legal statement;

1. The Acts and subordinate statutes on the car driving license register;

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