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(영문) 의정부지방법원 고양지원 2016.03.23 2015고단3076
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 17, 2013, the Defendant was sentenced to a fine of KRW 6 million, and KRW 7 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, for the violation of the Road Traffic Act (driving) by the Flag method.

Defendant 1, who was punished twice or more for violating the Road Traffic Act (driving) as above, was driving a Di30 vehicle under the influence of alcohol concentration of about 1km from the 1km section of approximately 0.152% to the front day of the 2015 Yanyang-gu, Seoyang-gu, Busan Metropolitan City, on September 26, 2015, with no driver’s license. On September 13:40, 2015, Defendant 1 driven a Di30 vehicle under the influence of alcohol concentration of about 0.152% in blood alcohol level from the 1km section of about 1km to the front day of the 615 Yanyang-gu, Seoyang-gu.

Defendant 1 driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a motor vehicle with Di30 motor vehicle while under the influence of alcohol at least 0.118% of alcohol during blood, without obtaining the driver’s license, and around December 12, 2015, from the 220-7 Do in the Do of Pakistan-si, the 15:00 on December 12, 2015 to the intersection of the 20-7 Do of the same Si/Eup/Myeon.

Summary of Evidence

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same final judgment) 2015 order 3076 order;

1. Statement by the defendant in court;

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

1. "Register of driver's licenses" of 2016 high group 76;

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes regarding licenses, teas, and mandatory insurance;

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 (the point of driving without a license) concerning each crime;

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a driving of a motor vehicle under heavier holding that punishment is heavier);

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. Article 62 of the Criminal Act:

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