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(영문) 의정부지방법원 고양지원 2013.08.14 2013고단801
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 24, 2009, the Defendant was sentenced to the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in the Jung-gu District Court on the same day. On November 4, 2010, the Defendant was sentenced to the imprisonment for 6 months for the violation of the Road Traffic Act (driving) at the Goyang District Court on the same day and completed the execution of the sentence in the medical prison on May 1, 201.

[2013 Highest 801] Around 23:20 on July 6, 2012, the Defendant driven a Cpdraweal vehicle under the name of the Defendant, while under the influence of alcohol of about 0.151% of alcohol content without a vehicle driver’s license, at a section of approximately 300 meters before the police box located in the Geum-si-dong, Geumju-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.

[2013 Highest 941] On June 2, 2013, the Defendant driven a car under the name of the Defendant with a blood alcohol concentration of about 0.096% under the influence of alcohol content 0.096% without a car driver’s license on the front of the apartment complex located in the Geum-dong in the same city, in front of the knific water restaurant in which it is impossible to identify the trade name in the Pnife-si. 00:24, June 2, 2013.

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.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

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

1. Registers of driver's licenses;

1. Criminal records;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty:

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