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(영문) 의정부지방법원 2017.08.30 2017고단2362
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic laws at the District Court of the Republic of Korea on July 21, 2016, and the sentence became final and conclusive on the 29th of the same month, and is still under suspended execution, and on October 15, 2013, the Defendant was issued a summary order of seven million won of a fine by the same court.

On April 18, 2017, at around 07:30, the Defendant driven a CAburged car under the influence of alcohol content of about 0.067% while under the influence of alcohol without a vehicle driver’s license, from a section of approximately 1 kilometer to the lower street of 1109 road, a third-party frith-ro frier in front of the Mabacheon-si, Mabacheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions: Application of inquiry letter, such as criminal history, investigation report (Attachment to judgments, etc. during the period of suspension of execution)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 (hereinafter the following favorable circumstances among the reasons for sentencing) have already been sentenced to a suspended sentence or sentence due to an escape vehicle, an escape vehicle, drinking alcohol, etc. from the year 2000, and the Defendant was sentenced to a fine including the previous conviction in recent years.

Above all, on April 3, 2016, one year of imprisonment with prison labor due to drinking and non-licensed driving on April 3, 2016.

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