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(영문) 의정부지방법원 2013.08.13 2013고단1809
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 1, 2010, the Defendant was sentenced to four months by imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) at the District District Court on 1 November 24, 2010, and on November 24, 2010, the Defendant was a person who completed the enforcement of the sentence in a prison for the Government of the Republic of Korea on 20:51, and on June 5, 2013, the Defendant driving a 1 kilometer B vehicle from the Cheongri-ri, Cheongri-ri to the front day of 117th Mari-ri, Namyang-ri, a person who was under the influence of alcohol without a driver’s license on 20:51.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiries are bound to the police suspect interrogation protocol, and the application of Acts and subordinate statutes on investigation report (verification of the date of release);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (the punishment imposed for a violation of the Road Traffic Act which exceeds the penalty);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant was under the influence of alcohol during the period of repeated crime due to the crime ofless driving, and the defendant was under the influence of alcohol during the period of repeated crime. On July 12, 2012, the defendant was under the influence of a fine on July 12, 2012, without being aware of the fact that he was under the influence of a fine, and the defendant committed the instant drinking and the crime without a license. In addition, the blood alcohol concentration value is not significant, and the blood alcohol concentration value is under the influence of a licenseless driving, the defendant shall be sentenced to the sentence, but the defendant's age, character and behavior, environment, motive, means and result of the crime, and circumstances after the crime, etc. are considered.

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