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(영문) 의정부지방법원 2016.11.25 2016고단2343

도로교통법위반(음주운전)등

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2015, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act by a district court of Jung-gu on February 17, 2015, and a fine of three million won or more as a same crime by the same court on June 24, 2016, and was punished twice or more as a crime of violating the Road Traffic Act.

On June 14, 2016, at around 21:55, the Defendant driven CSP car without obtaining a driver’s license in a section of approximately 150 meters from the front day of the house to the next road of the CSP school located in the same Ri, in a state of under the influence of alcohol content of at least 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses (criminal records on the market);

1. Criminal records;

1. Application of Acts and subordinate statutes to the investigation report (Confirmation of the same kind of power);

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. Selection of imprisonment with prison labor for species;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;