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(영문) 의정부지방법원 2017.10.27 2017고단3651
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 25, 2016, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic laws at the Jung-gu District Court on July 25, 2016, and a summary order of 2.5 million won or more for a crime of violating road traffic laws (driving) committed on July 6, 2017 at the same court.

【Criminal Fact-finding on June 10, 2017, the Defendant driven a motor vehicle B tezine under the influence of alcohol content of about 0.162% while under the influence of alcohol without obtaining a driver’s license from around 100 meters in a section of about 100 meters from the front of the central wedding hall of Suwon-si, Suwon-si to the front road of the Guri-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions and reports on investigation (formers and attachment of judgments) shall apply to the statutes;

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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