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(영문) 의정부지방법원 2016.01.26 2015고단3486
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Highest 3486] On August 25, 2015, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.068% while under the influence of alcohol level, without obtaining a driver’s license from the two-km section from the front of the trade influent convenience store located in Geum-dong, Geum-si, the Government of the Republic of Korea around 23:48 on the same day to the front road of the 1339 Sin-si.

[2] On July 22, 2015, the Defendant issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving Driving) at the Jung-gu District Court on July 22, 2015.

Criminal facts

Although the Defendant, while under the influence of alcohol, was in violation of Article 44(1) of the Road Traffic Act twice or more (including criminal facts of the order 3486 of the order of 2015) by driving a motor vehicle, on November 14, 2015, the Defendant driven a B-learning motor vehicle under the influence of alcohol concentration of about 0.058%, without obtaining a driver’s license, at a section of about 10 km from the center of the Government-Si around 07:20, to the road south-dong, Namyang-dong, Namyang-si, Namyang-si.

Summary of Evidence

[2015 Highest 3486]

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. A driver's license inquiry letter (2015 high group 4783);

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes attached to the same case;

1. Article 148-2 (2) 3, Article 44 (1) (the point of self-driving on August 25, 2015), Article 148-2 (1) 1, and Article 44 (1) (the point of self-driving on November 14, 2015) of the Road Traffic Act concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of non-licenseing on November 14, 2015).

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

1. The selection of imprisonment with prison labor (the choice of imprisonment with prison labor shall be made, taking into account the fact that drinking and non-licenseing driving are repeated in a short term);

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