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(영문) 의정부지방법원 2016.09.23 2016고단3080
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 1, 201, the Defendant was sentenced to a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the same court on October 22, 2013. On November 17, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving) in the same court.

around 22:07 on June 24, 2016, the Defendant driven a Csch Rexton car under the influence of alcohol content of about 0.185% without obtaining a driver’s license from around about 50 meters to the modern mother mother road in the same Dong, from around the influent end of the trade name in the line of Mapocheon-si, Mapo-si.

On July 28, 2016, the Defendant driven Done Star Cargo with alcohol content of about 0.129% without obtaining a driver's license from around 300 meters from the front of a non-made fiber factory located in the line of Spocheon-si, Spocheon-si, Spocheon-si to the same time-string off unemployment, and driving Done Star Stick Cargo with alcohol content of about 0.129%.

Summary of Evidence

[2016 Highest 3080]

1. Statement by the defendant in court;

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

1. Registers of driver's licenses (2016 high group 3141);

1. Statement by the defendant in court;

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

1. The driver's license ledger (before judgment);

1. Application of replys to inquiries, such as criminal history, and reports on investigation (report attached to such previous decisions, etc.);

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount: The records of punishment due to drinking or non-licensed driving are the same.

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