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(영문) 의정부지방법원 2017.02.03 2016고단5355
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 27, 2005, the Defendant received a summary order of KRW 1 million from the Jung-gu District Court on September 11, 2008 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on September 11, 2008, and KRW 7 million as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing on death or injury caused by danger) at the Jung-gu District Court on December 9, 2013, respectively.

In addition, on December 23, 2015, the defendant was sentenced to a suspended sentence of two years in prison for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on December 23, 2015, and the above judgment becomes final and conclusive on the same day, and is currently in the

[Criminal facts] The Defendant is a driver of Category C New-Systun Fasty Motor Vehicle.

1. On October 21, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.15%, without a driver’s license, at a section of approximately 500 meters up to the front road of Pocheon-si, Mancheon-si, Spocheon-si, both sides of which are located in the two sides of the body of the city of Mancheon-si. In addition, the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol content of blood.

2. The Defendant also drives the said car on October 21, 2016 at around 22:02, in front of the Pocheon City D, in front of the Pocheon City, under the influence of alcohol or without a license.

E and E, who had been posted before the E's house, have fleded and observed them, after having been reported 112, have been measured by 0.155% of alcohol concentration in blood in response to the request for alcohol measurement by G during the process of the police box belonging to the Macheon Police Station, which was dispatched to the site after being reported 112.

Accordingly, the Defendant has already been punished for driving under drinking more than one time, and the period of suspension of enforcement is not only the period of suspension of enforcement due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but also the period of fines due to the crime of injury, and if it is discovered that he/she again imprisoned or driven without a license, he/she may be subject to aggravated punishment.

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