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(영문) 의정부지방법원 2018.07.10 2017고단3540
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On December 28, 2007, the Defendant received a summary order of KRW 1,50,000 from the Jung-gu District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and on April 15, 2008, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 15, 2008. On August 6, 2008, the Defendant received a summary order of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on July 7, 2015. The Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 23, 2016.

[2] The Defendant, who violated the provision prohibiting driving of alcohol twice or more, once again, driven 2 vehicles Dpoter under the influence of alcohol by 0.141%, without a driver’s license, at the distance of approximately 200 meters from the 1020-gil, Namyang-si, Namyang-si, Gyeonggi-do, to the point where drinking was controlled, Namyang-si, Namyang-do, Jyang-si, Seoul, to the point where drinking was controlled.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflectiveness and the distance of driving under the influence of alcohol is limited to 200 meters) of the Act on the Mitigation of Small Quantity, the defendant has reached three times before and after drinking, four times before and after driving under the influence of alcohol, and he has committed the instant crime during the suspension of the execution of the same kind of punishment, and the defendant has committed the instant crime during the suspension of the execution of the sentence.

except that it is against the law;

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