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(영문) 의정부지방법원 2016.11.10 2016고단2193
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 30, 2014, the Defendant stated a fine of KRW 8 million in the charge of a violation of the Road Traffic Act at the Seoul Northern District Court on the charge of violation of the Road Traffic Act. However, according to the investigation report (former and present confirmation), it is clear that the Defendant is a clerical error, and therefore, it is written as above.

The summary order was issued on March 2, 2015, and on March 2, 2015, Cheongju District Court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving).

On May 16, 2016, the Defendant driven a Bkn-ray vehicle without obtaining a driver's license in the state of alcohol 0.153% alcohol concentration from the section of about 20km from 23:00 to 1338 to 1338 to the Hosi-si, Sin Government.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a convenient means of transportation. However, since the reason for sentencing is a dangerous article that can be inferred by a dangerous weapon, a person operating an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving can lead to large-scale accidents while driving under the influence of attention and physical exercise ability.

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