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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단1925
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2016 Highest 1925】

1. From around 10:57 on June 12, 2016, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.109% without a driver’s license at the 1km section from the roads near the Seoyang-gu Seoyang-gu Seodong “Syang-gu Goyang-dong” to the roads in front of the “Syang-gu Goyang-dong,” which are located in the same heading country.

【2016 Height2598】

2. On November 10, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle at a section of about 2 km from the front of the construction site of the 2nd new city Furet apartment located in the dong-dong and Seocheon-dong and Seocheon-dong Housing Site Development Zone at the same time, for the same time, from the front of the construction site of the 2nd new city to the public parking lot.

【2016 Height2845】

3. Around 10:40 on September 10, 2016, the Defendant was driving a motor vehicle without obtaining a driver’s license in a section of about 3 km in front of the 27 East-dong Hospital at the same time from the 27-dong East-gu East-gu East East-gu, Mangsan-do to the 75 km-ro, U.S., Seogsan-gu, Sinsan-gu.

Summary of Evidence

【2016 Highest 1925】

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, and the register of driver's licenses, 2016 high-class 2598);

1. Defendant's legal statement;

1. The register of driver's licenses, closure photographs, 2016 high-end 2845);

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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 (each of the crimes referred to in paragraph (1) at the time of sale);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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