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(영문) 의정부지방법원 고양지원 2015.09.03 2015고단1359
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 25, 2015, the Defendant driven a 0.081% alcohol concentration without a car driver’s license, while driving a f car in the state of under the influence of alcohol content 0.081%, from the front of the restaurant in the middle-gu, Seoyang-gu, Seoyang-gu to the front road of the "Onero comprehensive household" located in the Dobong-gu, Seoyang-gu, Seoyang-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under influence of alcohol, inquiry into the results of the control of drinking driving, and application of the statutes to the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Grounds for sentencing selective punishment of imprisonment with labor;

1. The scope of punishment by law: Imprisonment with prison labor for not more than one year;

2. Whether or not to apply the sentencing criteria: It is a small crime, a crime for which the sentencing criteria are not set, or a commercial concurrent crime.

3. Six months of imprisonment with prison labor for a decision of sentence (the defendant is sentenced to six months for a crime of violation of the Road Traffic Act (non-licensed driving) in order to support the District Court of the Republic of Korea on April 30, 2015 and is appealed from the recovery of appeal right and is now tried at the District Court of the Republic of Korea at present, taking into account that he/she wishes to merge with the case and that he/she has multiple criminal records of the same kind

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