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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단3190
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was issued a summary order of 1.5 million won by a fine for a violation of road traffic law (drinking driving) at the Daejeon District Court on August 21, 2014, and on May 18, 2017, the defendant was sentenced to imprisonment for 8 months due to a violation of road traffic law (drinking driving) at the Jung-gu District Court on March 18, 2017, and was sentenced to 2 years of suspended sentence on May 26, 2017 and is currently under suspended sentence.

[2] On October 15, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on October 22, 2017, driven the CKa car in a 2km section from the front day of the Dongsan-dong, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, 1, to the front day of the 1st day of the Gyeonggi-gu, Sinsan-si, Gyeonggi-do, to the front day of the 606-gu, Sinsan-gu, Sinsan-si, with the alcohol concentration

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving the said vehicle without obtaining a driver's license in 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. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Details of driver's license revocation;

1. (A), a written inquiry about criminal history, etc., an investigation report (related to a criminal suspect's previous conviction), and the application of reporting Acts and subordinate statutes after ascertaining the previous conviction;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the sentence shall be imposed in consideration of the records of the relevant crime and alcohol concentration in the blood, however, considering the fact that the previous suspended sentence is invalidated, and that the detention is likely to be conducted for a considerable period of time after the previous suspended sentence is invalidated);

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