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(영문) 의정부지방법원 2016.06.08 2016고단1113
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 3 million for a crime of violation of road traffic law at the Jung-gu District Court on August 16, 2013; on November 20, 2015, the defendant was sentenced to a fine of KRW 10 million for a crime of violation of road traffic law (driving) at the Jung-gu District Court on November 20, 2015; on June 24, 2014, the defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on June 24, 2014.

7.2. The above ruling becomes final and conclusive and is currently in the grace period.

[2] On January 22, 2016, the Defendant driven a DNA cruise vehicle without obtaining a driver’s license, while under the influence of alcohol content of about 0.135% from approximately 5km section from the 05km section to the Kacheon-si Road located north of Macheon-si, Macheon-si.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Investigation report (the person who was the victim sold the instant vehicle in the case of the same kind of crime);

(Verification of Facts alleged)

1. Records of judgment: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and the confirmation thereof);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for species;

1. The reason for sentencing under Articles 53 and 55(1)3 (i.e., confessions, etc.) of the Criminal Act is that the Defendant committed a violation of the Road Traffic Act of the same kind, which is identical to the instant case during the period of suspension of execution, and committed a violation of the Road Traffic Act due to drinking, non-licenseless driving, and the said grace period.

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