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(영문) 의정부지방법원 2017.11.24 2016고단5612
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 19, 2012, the Defendant received a summary order of a fine of three million won for a violation of road traffic laws (drinking driving) from the Jung-gu District Court on April 19, 2012. On September 7, 2015, the Defendant received a summary order of two million won for a violation of road traffic laws (drinking driving) from the Jung-gu District Court on September 7, 2015.

[2] On December 9, 2016, the Defendant driven a B food car with approximately 100 meters alcohol concentration 0.121% while under the influence of alcohol without obtaining a driver’s license from the front side of the mutual influence restaurant located in the apartment of the Eup located in the Gyeonggi-do, Seocheon-si, Seocheon-do, Gyeonggi-do, to the front side of the Cheongmun-ri in the Eup located in the Cheongcheon-si, Seocheon-do.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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