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(영문) 의정부지방법원 2013.09.06 2013고단2322
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for a violation of the Road Traffic Act at the District Court of Jung-gu on February 17, 2012, and the said judgment became final and conclusive on May 19, 2012, and is currently under suspended sentence.

In addition, the defendant has more than five criminal records of the same kind, such as the violation of the Road Traffic Act and the violation of the Road Traffic Act.

1. On May 26, 2013, at around 14:55, the Defendant driven C Poter Cargo (1 ton) under the influence of alcohol content 0.149% of the blood alcohol content on the 7.4km section from the 7.4km to the front road of the Poter Do in the same Do through the restaurant of “Slue” in the same Ri and the restaurant of “Slue House” in the same Do.

2. On May 26, 2013, at around 14:55, the Defendant driving the said cargo vehicle without obtaining a driver’s license in the section of approximately 7.7 km from the E’s office, the land located at approximately 100 meters away from his office located in Macheon-si, Macheon-si, Macheon-si, the “Macheon-si,” and the aforementioned “Mancheon-si,” Chinese restaurant, the “Neman-si,” and the “Ieman-do” restaurant, via the above “Macheon-si” restaurant, the Defendant driven the said cargo vehicle without obtaining a driver’s license in the section of approximately 7.7 km from his office.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is considerable, the defendant's previous convictions can be viewed as having been sentenced to drinking in the past, and the period of suspension of the execution of imprisonment for six months due to drinking in 2005 and driving without a license is two years.

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