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(영문) 의정부지방법원 2016.04.29 2015고단4635
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 6 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on April 9, 2013, and a fine of KRW 3.5 million for the same crime at the same court on March 31, 2011.

[2015 Highest 4635] On November 12, 2015, under the influence of alcohol level of 0.202% among blood, the Defendant driven CKaren car at a section of about 500 meters from the front of the So-called So-called So-called So-called So-Eup, Nam-si to the front of the So-called So-called So-called So-called So-called So-called So-called 180 square meters from the front of the So-called So-called So-called So-called So-Eup to the front of the 1802 So-called So-called Si

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

[2016 Highest 762] On January 19, 2016, the Defendant driven a D-wing truck with alcohol level 0.174% under the influence of alcohol level 0.174% while under the influence of alcohol level 0.174%, without obtaining a driver’s license from the front day of a mutually influent restaurant in the Geum-gu, Gannam-si, Geumcheon-si to the influorial office in Echeon-si, Ma-si, Ma-si.

Summary of Evidence

[2015 Highest 4635]

1. Statement by the defendant in court;

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

1. Photographs (2016 high group 762);

1. Statement by the defendant in court;

1. E statements;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger (before judgment);

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

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

1. The fact that each of the crimes of this case was committed again despite the fact that he/she had been punished for driving under drinking, the fact that he/she re-drawing and driving without a license even though he/she was judged by driving under drinking, and the blood alcohol concentration is high.

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