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(영문) 의정부지방법원 2018.01.10 2017고단4853
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of three million won due to a violation of road traffic laws at the Jung-gu District Court on February 9, 2009, and was sentenced to a fine of three million won due to a violation of road traffic laws at the Jung-gu District Court on May 22, 2014, and was sentenced to a fine of three million won due to a violation of road traffic laws at the Jung-gu District Court on September 26, 2017, and was sentenced to a suspended sentence for four months for a violation of road traffic laws at the Jung-gu District Court on September 26, 2017, and was sentenced to a suspended sentence for one year on October 11, 2017.

[2] On October 2, 2017, at around 09:15, the Defendant driven a Dpoter II in the name of the wife C, under the influence of alcohol concentration of about 0.134%, without obtaining a driver’s license, from around 11 kilometers in the 11-meter radius of Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, to the 39-1 Simpyeong-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, in a manner that is around 09:15, in a manner that is under the influence of alcohol level of about 0.134%.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: A reply to inquiry, such as criminal history, attachment of the relevant decisions during the period of the suspension of the execution of suspects, and application of statutes attached to the same criminal records

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant was punished by drinking or driving without a license since 2010 and was sentenced to a suspended sentence of imprisonment three times among them.

In addition, two times have led to actual traffic accidents.

Nevertheless, the Defendant.

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