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(영문) 청주지방법원 제천지원 2016.05.12 2016고단96
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 11, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law at the Cheongju District Court's Incheon District Court's Incheon District Court's Incheon District Court. On October 29, 2015, the Defendant was sentenced to a suspended sentence of two years for the same crime.

[Criminal facts]

1. On March 3, 2016, the Defendant: (a) driven a D-wing truck without obtaining a driver’s license in approximately 2km section from the front door of an apartment house to the front road of the building in the same city, which is located in the city of 7 km-ro, Cheongcheon-si, Cheongcheon-si, 30 on March 13, 2016.

2. On March 3, 2016, the Defendant driven a D-wing truck without obtaining a driver’s license in the state of alcohol concentration of about 1.5 meters at the front of the C-building at Incheon Metropolitan City on March 15, 2016, while driving a D-wing truck without obtaining a driver’s license, while driving a D-wing truck with alcohol level of about 0.174%.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the circumstances of the driver at the main place and an investigation report (in the case of the on-site situation), etc.

1. Indicating the ledger of driver's licenses, details of revocation of driver's licenses, and results of crackdown on drinking driving;

1. Written inquiry about criminal history, etc. (A);

1. Investigative reports (report attached to the decisions of the same kind as the suspect), investigation reports (Attachment to the same type of decisions);

1. Application of Acts and subordinate statutes in one copy of the judgment and three copies of the judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (driving of alcohol) and the crimes of violation of traffic laws on or around March 3, 2016, and punishment provided for in the crimes of violation of traffic laws with heavy punishment on or around March 15:00);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the punishment shall be added.]

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