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(영문) 의정부지방법원 고양지원 2016.05.13 2016고단661
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 22, 2011, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), and KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on January 5, 2015.

Although the Defendant had been driving two or more times of drinking, on February 24, 2016, he was under the influence of alcohol level of 0.067% in blood without obtaining a driver’s license on February 10, 2016, the Defendant driven B cab at a distance of about 1 km from the new line in the same Gu, a new line located in the Goyang-gu, Soyang-gu, Goyang-gu, Soon to the front of the store.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving skills under drinking not less than twice);

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the fact that the sentencing grounds under Article 62-2 of the Criminal Act reflects the order to provide community service and attend lectures, three times before drinking drivers and three times before drinking drivers (203, 201, 2011, and 2015), drinking values and driving distance, etc.;

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