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(영문) 의정부지방법원 2016.11.11 2016고단2181

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 8, 2007, the Defendant received a summary order of KRW 2.5 million from the Jung-gu District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 4 million from the Jung-gu District Court on July 27, 2009, respectively.

【Criminal Facts】

On June 1, 2016, at around 17:37, the Defendant driven a vehicle C without obtaining a driver’s license from the section of approximately 6km alcohol concentration 0.255% under the influence of alcohol at around 6km in South-si, Seoyang-si to the road 407, Namyang-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. License register;

1. A traffic accident report;

1. Mandatory insurance policies (limited to criminal records on the market);

1. Criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (former and confirm);

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 the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;