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(영문) 의정부지방법원 2019.06.05 2019고단1067
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 23, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seoul Northern District Court; on October 25, 2007, the Defendant received a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court; on October 20, 2011, the Defendant received a summary order of KRW 3 million for the same crime at the Jung Government District Court; and on October 26, 201, issued a summary order of KRW 5 million for the same crime at the Jung Government District Court.

On January 12, 2019, the Defendant driven a D Spke car with a blood alcohol concentration of 0.103% under the influence of alcohol without obtaining a driver’s license from a high-lost-flost-flost-flost-flost-flost-flost-flost-flost-flost-lost-lost-lost-lost-lost-lost-lost-lost-lo

As a result, the Defendant violated the prohibition of drinking driving at least twice, and once again drive the said vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same kind of power) and statutes;

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

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

1. The defendant has a record of having been punished several times due to drinking driving even before the reason for sentencing of selective sentence of imprisonment is imposed.

In particular, the Defendant committed the instant crime committed on May 1, 2018, which was sentenced to one year of imprisonment with prison labor on May 1, 2018, and was sentenced to three years of suspension of execution, but is under the suspension of execution, with the blood alcohol concentration of 0.103%.

It is necessary to punish the defendant strictly.

However, the fact that the defendant recognizes the crime and is against the defendant, and the family members to support the defendant.

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