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(영문) 의정부지방법원 2013.04.24 2012고합182
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 17, 2007, the defendant issued a summary order of one million won to a fine for a violation of the Road Traffic Act at the Incheon District Court on March 4, 201, a summary order of 2.5 million won to a fine for a violation of the Road Traffic Act at the Incheon District Court on March 4, 201, a summary order of 2.5 million won to a violation of the Road Traffic Act at the Seoul Northern District Court on May 26, 201, and a penalty of five million won for a violation of the Road Traffic Act at the Seoul Northern District Court on May 26, 201, and three times.

On April 1, 2012, the Defendant, without obtaining a driver’s license on April 20, 2012, driven Crain car at approximately 3 km from the front road of the Geumyang-si, Jinyang-si, Jinyang-si, Seoul, to the front road of 0.125% of the blood alcohol concentration, without obtaining a driver’s license on April 1, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the state of state of state of the driver, and an investigation report, respectively (a report on the state of state of the driver without a license and a report on the state of state of non-

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, etc. inquiry report (A), report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes of investigation report (Attachment of previous and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 drives the instant crime while under the influence of alcohol without a driver’s license even though he was sentenced not less than three times due to a drunk driving. The blood alcohol concentration level at the time is higher than 0.125%, the driving distance is relatively less than 3 km, and the Defendant is also above prior to the instant case.

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