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(영문) 광주지방법원 목포지원 2013.04.09 2012고단114
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【2012 Height114】

1. At around 21:40 on December 12, 201, the Defendant driven Bren car under the influence of alcohol with approximately 100 meters alcohol concentration 0.124%, without obtaining a driver’s license, from the road front of the Sinpo-si Hapo-dong to the road front of the Sinpo-si Mapo-dong, which is in knowledge of the trade name in the vicinity of the Sinpo-si Hapo-dong.

【2012 Highest983】

2. On May 12, 2012, at around 16:20, the Defendant driven a D car, which is owned by C without a driver’s license, on the front of a pharmacy where it is difficult to identify the trade name in the Damdo-dong in the Gunsan-si, Sinsan-si.

Summary of Evidence

[Fact of Paragraph (1) at the market] (Article 2012-type 256)

1. Police suspect interrogation protocol of the accused;

1. Statement under the circumstances of the driver of the drinking spring;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses [the fact under paragraph (2) at the market];

1. Police suspect interrogation protocol of the accused;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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