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(영문) 의정부지방법원 2016.04.22 2015고단1453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 history] The Defendant is a person who has violated Article 44(1) of the Road Traffic Act on July 19, 2007, such as: (a) a summary order of KRW 2 million for a violation of road traffic law (driving), (b) a fine of KRW 5 million for the same crime in the same court on February 24, 201; and (c) a summary order of KRW 9 million for the same crime in the same court on November 24, 201; and (b) a person who has been issued a summary order of KRW 9 million for the same crime in the same court on November 24, 201.

[2015 Highest 1453] Although the Defendant had had the influence of driving alcohol twice or more as above, the Defendant driven a Crash vehicle with a alcohol level of about 0.212% under the influence of alcohol level of about 300 meters, without obtaining a driver’s license, from the road located in the Bupyeong-gu, Jinyang-si, Jinyang-si, Seoul, about January 16, 2015 to the road in front of 1667 of the same Eup/Myeonn-ro.

[2015 Highest 2635] On July 4, 2015, the Defendant driven a cate car in the section of about 2 km from the front of the Belgium 36th of the same Eup/Myeon to the front of the Belgium 36th of the 72-36th of the same Eup/Myeon, Nam-si, Chungcheongnam-si, Seoul, without obtaining a driver's license on around 16:54, 2015.

Summary of Evidence

[2015 Highest 1453]

1. Statement by the defendant in court;

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

1. Registers of driver's licenses (2015 high group 2635);

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the summary order of the relevant case) Act and subordinate statutes;

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

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

1. The choice of each imprisonment with prison labor for the choice of the punishment (it is possible to have the power to punish for drinking or non-licensed driving, but again, the drinking or non-licensed driving of this case and the concentration of alcohol in blood is very high and repeated;

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