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(영문) 의정부지방법원 고양지원 2018.01.12 2017고단2961
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 9, 2006, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3 million for the same crime in the same court on April 18, 2011.

1. On September 24, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) around 06:40 on September 24, 2017, the Defendant driven approximately KRW 7 km of the E Soft-si from September 24, 2017 to the front day of a D factory located in the same Si-si, Gyeonggi-do, without obtaining a driver’s license on September 24, 2017.

2. On September 24, 2017, the Defendant is a person who has been punished for a violation of the Road Traffic Act by driving a motor vehicle, etc. under the influence of alcohol on at least two occasions on the same day and around 21:50 on the same day, and the Defendant is a person who has been punished for a violation of the Road Traffic Act by driving the motor vehicle, etc. under the influence of alcohol on at least two occasions.

A. On September 24, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 20:20 on September 24, 2017, once again drive a Ebane motor vehicle under the influence of alcohol of about 0.108% in blood alcohol concentration at the section of approximately 1.2km from the day before the G cafeteria located in the Gyeonggi-do Pakistan-si F to the front day of the said G cafeteria.

B. On the same day as the above paragraph A. A., the Defendant driven the above Eba vehicle under the influence of alcohol concentration of 0.108% from the 150-meter section of the apartment at approximately 150 meters away from the later entrance of the apartment complex to the 8rd direction of the apartment complex in Pakistan-si, Chungcheongnam-si, Gyeonggi-do without obtaining a driver's license for the vehicle at around 21:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous conviction: Application of a written inquiry, such as criminal history, and related summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (a comprehensive, licensed driving) concerning facts constituting an offense, and Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (a comprehensive, non-licensed driving)

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