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(영문) 의정부지방법원 고양지원 2014.12.18 2014고단405
도로교통법위반(음주운전)등
Text

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

Reasons

Criminal facts

On February 5, 2014, the Defendant, without a driver’s license, driven a Clearning car at approximately 200 meters in front of the “Yaeong-gu So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called 1053-30, Goyang-gu, So-called So-called the So-called So-called So-called So-called So-called So-called So-called So-called So-called Do-U.S.).

Summary of Evidence

1. Statement by the defendant in court;

2. Police suspect interrogation protocol of the accused;

3. Application of Acts and subordinate statutes to the ledger of driver's licenses and registration reports on driving drivers;

1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Articles 44 (1) 1 and 152 of the Road Traffic Act concerning the criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. The reason for sentencing choice of sentence of imprisonment with prison labor is the factor for sentencing unfavorable to the Defendant, in light of the fact that the Defendant had been punished several times due to drinking driving or unlicensed driving in the past, and the Defendant committed the instant crime during the suspension of the execution of sentence after being sentenced to a suspended sentence of the same crime, and that drinking driving is at risk of causing serious human damage due to a large traffic accident, etc.

On the other hand, the fact that the defendant recognized the facts charged in this case and reflected in it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character, environment, and criminal record of the defendant, were taken into consideration equally.

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