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(영문) 의정부지방법원 2018.01.23 2017고단5238
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On February 7, 2012, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (drinking driving), and on December 7, 2012, the Defendant was sentenced to a summary order of a fine of five million won due to the same crime in the same court on December 19, 2013, and was sentenced to a fine of one million won due to the same crime in the same court on December 19, 2013. On September 15, 2015, the Defendant was sentenced to imprisonment with prison labor for five months at the same court on September 15, 2015 and completed the execution of the sentence in the Southern Branch of Seoul Southern District Court on December 9, 2015.

In addition, on November 10, 2017, the defendant was sentenced to six months of imprisonment for a violation of road traffic law (drinking driving), and filed an appeal on November 16, 2017 by the same court.

[2] Although Defendant 1 had been punished for driving under drinking more than twice as above, Defendant 2 driven a D body-wide car without obtaining a driver’s license on October 2, 2017, from around 09:56 around 09:56 to around 162 10 meters from the 100-day Solorororororo 124-18 Gangnam Marorororororororo 162 from the 100-day Marororororororororo 162 to the front road of the same Marorororororororororo dong-dong Harororororo 162.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a copy of each written judgment, a copy of each summary order, and an investigation report (personal confinement status, etc.);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the circumstance of drinking alcohol driving, the fact that the driving distance is about 100 meters, the fact that the alcohol content is below 0.1% in blood, and the fact that the blood is reflected) of the Act on the Mitigation of Small Quantity reaches eight times prior to the violation of road traffic laws, such as drinking and non-licenseless driving, and the defendant is driving and driving under drinking.

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