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(영문) 의정부지방법원 2017.06.14 2016고단1323
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 27, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on May 11, 2015, a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court.

In addition, on March 28, 2016, the defendant was charged with a fine of 7 million won for a violation of road traffic law at a public prosecutor's office of the Gu government on March 28, 2016, and is currently pending in the trial at the district court of Jung-gu.

[2] On April 7, 2015, around 06:20, the Defendant driven B Poter in the state of alcohol alcohol concentration of 0.051% while under the influence of alcohol, without a driver’s license, from the subway station near the subway station in Busan High-si, Busan High-do to the 300m radius in the same Dong and the west road in the same Dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of a report on investigation (limited to data on the same type of suspect'

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;

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