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(영문) 의정부지방법원 2018.11.16 2018고단3814
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 23, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on December 23, 201, and on October 11, 2013, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the same court on October 11, 2013, and on September 23, 2016, the Defendant was sentenced to a suspended sentence of KRW 44(1) of the Road Traffic Act for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 23, 2016.

On February 27, 2018, at around 08:40, the Defendant driven a e-car under the influence of alcohol concentration of 0.095% while under the influence of alcohol without obtaining a driver's license from around 500 meters from the front side of the same city to D in the same city.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

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

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant, at the time of the instant crime, driven a motor vehicle with alcohol content of 0.095% at the time of the instant crime. This led to an increase in the risk of traffic accidents, and thus, illegality of the crime is not easy.

In particular, the circumstances after the crime are not good, such as the defendant's failure to attend an investigative agency without any particular reason.

In particular, the Defendant.

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