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(영문) 의정부지방법원 고양지원 2015.09.18 2013고단2462
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 21, 201, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on June 21, 2013 in the same court, respectively.

On November 8, 2013, the Defendant driven a B-E motor vehicle under the influence of alcohol content of at least 0.166% without obtaining a driver’s license in a section of about 500 meters from the day from the day from the day-to-day mountain zone in Yongsan-gu, Mangsan-si to the front day of the Hyundai Home Town 103 dong in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, drives a motor vehicle in the state of under the influence of alcohol, while driving a motor vehicle with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. 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 for discretionary mitigation is that the defendant was sentenced to a fine twice due to drunk driving, and the drinking value was high, and the trial procedure was considerably delayed due to the defendant's absence on the sentencing date, and the location of the defendant has not been confirmed until now.

There is no criminal history exceeding the fine against the accused.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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