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(영문) 의정부지방법원 고양지원 2018.03.29 2017고단3827
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was notified of a fine of one million won as a crime of violating the Road Traffic Act (driving in Drinking) at the Goyang Branch of the Jung-gu District Court on October 8, 2009, and was notified of a fine of three million won from the Suwon Branch of the Republic of Korea on July 6, 201 as the same crime. On August 8, 201, the Defendant was notified of a fine of three million won from the Seoul Western District Court for the same crime. On July 15, 2015, the Defendant was sentenced to the suspension of the execution of the imprisonment of eight years for the same crime.

[2] On January 13, 2017, the Defendant driven CM5 vehicle while under the influence of alcohol content of about 0.142% without obtaining a driver’s license from the 3km section of around 0.142 meters in front of the front wall of the office in the 112-ro, Gan-si, Gan-si, Gan-si, Gan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si, Lan-si

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, on-site photographs, report on the situation of the driver driving, inquiry into the results of crackdown on drinking and the register of driver's licenses;

1. Application of Acts and subordinate statutes, such as a report on investigation (report on confirmation of the same record as the suspect), summary order;

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. The Defendant had a history of serving five times criminal punishment for a crime of violation of the Road Traffic Act (driving of alcohol), and, in particular, committed the instant crime even though he/she was sentenced to two years of suspended sentence on July 15, 2015 due to a violation of the Road Traffic Act on July 15, 2015, was under suspended sentence, and again committed the instant crime. At the time of the instant crime, the blood alcohol concentration at the time of the instant crime was 0.142% high and the protective wall was placed.

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