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(영문) 의정부지방법원 2016.06.24 2016고단742
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 22, 2009, the Defendant was sentenced to a summary order of KRW 200,000 to a fine for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc. at the Jung-gu District Court on February 16, 2012, a summary order of KRW 3 million by the same court as the same crime on February 16, 2012, and a summary order of KRW 7 million by the same court on June 2, 2014, and was sentenced to a fine of KRW 7 million by the same crime on at least two occasions.

On February 15, 2016, the Defendant driven C truck under the influence of alcohol leveling 0.112% of alcohol level while under the influence of alcohol leveling 0.12%, without obtaining a driver’s license, from the 400-meter section from the front side to the front side of the sampling distance in the same Ri, regardless of trees located in the one-dong-dong, Mancheon-si.

2. On February 26, 2016, the Defendant: (a) driven C Poter Cargo Vehicles without obtaining a driver’s license from around 153 km-ri 153 degrees in the same side to the front road at the same east 5km-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong, one-way-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of an alternative imprisonment with prison labor (the fact that drinking and driving without a license in this case has again been conducted despite the fact that the person had been punished several times due to drinking and driving without a license, and driving without a license again has been controlled by drinking and driving without a license);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (one’s mistake) for mitigation of amount.

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