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(영문) 제주지방법원 2014.08.14 2013고단1152
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On January 21, 2013, the Defendant, without obtaining a driver’s license on January 21, 2013, driven a Bracing vehicle from approximately 500 meters to the front road of the Seoul Hack-gu Nowon-gu Nowon-gu in the same state as the blood alcohol concentration of 0.127% without obtaining a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses and the control of drinking driving;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Standing concurrence and choice of a sentence: A sentence of imprisonment with prison labor for one year and six months on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 192 for the punishment of imprisonment with prison labor for a violation of Article 40 and Article 50 of the Criminal Act; (b) a fine for a violation of the Road Traffic Act in 2005 and a violation of the Road Traffic Act in 2006; (c) a fine for a violation of the Road Traffic Act in 2006; (d) a fine for a violation of the Road Traffic Act in 200,00 won; and (e) a fine for a violation of the Road Traffic Act in 207; (e) a fine for a violation of the Road Traffic Act in 2008 and a violation of the Road Traffic Act for a violation of the Road Traffic Act in 2008; and (e) a suspended sentence for a period of four years for a violation of the Road Traffic Act for a violation of the Road Traffic Act during the grace period;

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