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(영문) 의정부지방법원 2013.12.11 2012고합306 (1)
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On July 18, 2003, the Defendant was sentenced to a fine of two million won or more for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on July 18, 2003. On October 12, 2010, the Defendant was sentenced to a suspension of the execution for six months or more for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving). On December 22, 2011, the same court issued a summary order of three million won or more for a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act (non-licensed driving) or the Defendant’s right to defense for a violation of the Road Traffic Act (non-exclusive license for a violation of the Road Traffic Act). Thus, it is reasonable to recognize that the Defendant was punished for a violation of the provisions of Article 148-2(1)1 of the Road Traffic Act (non-Exclusive driving).

【Criminal Facts】 around 00:30 on April 17, 2012, the Defendant, without a car driver’s license, driven C rocketing car from approximately 50 meters away from the front of a mutually influent restaurant in Yangju-si to the front of the 162-12nd road in the same Dong, while under the influence of alcohol by 0.193%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a drinking driver and deliberation on the results of the drinking control;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: The application of inquiry report on criminal records, etc. and Acts and subordinate statutes during the period of suspension of execution thereof;

1. Relevant provisions of Article 148-2 (1) 1, 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.Article 40 of the Criminal Code of Trade and Trade.

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