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(영문) 의정부지방법원 2016.06.02 2016고단597
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On April 21, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the same court on October 13, 2014, respectively.

On March 1, 2011, while under the influence of alcohol on July 8, 2014, the Defendant was driving a motor vehicle under the influence of alcohol on at least two occasions and violated Article 44(1) of the Road Traffic Act on at least two occasions. On October 23, 2015, the Defendant driving a motor vehicle under the influence of alcohol on the B, under the influence of alcohol concentration of at least 0.13%, without obtaining a driver’s license, from the front of the white marct, located in one unit of the government of the city of Gyeonggi-si on around October 23, 2015 to the front of the road at the end of the Gyeonggi-si city.

Summary of Evidence

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

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

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the previous and report attached to the summary order) (The defendant has been in charge of driving to a proxy engineer who was ex officio at the time, and he did not drive himself;

However, at the time of discovery, the defendant has been seated in the driver's seat of a vehicle moving on the middle of the second lane.

Application of 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to a big accident.

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