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(영문) 의정부지방법원 2016.06.17 2016고단953
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 September 7, 2012, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license), a summary order of a fine of three million won or more for a violation of the Road Traffic Act, issued by the Central District Court of the Government on September 7, 2012, and on March 5, 2014, the Defendant was punished for a violation of the Road Traffic Act (driving without a license) on two or more occasions by a fine of three million won or more for the same crime by the same court.

On February 14, 2016, at around 22:40, the Defendant driven a Dsch Rexroth car under the influence of alcohol content of 0.072% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around the funeral hall of the National Cemetery to the front road of the public station in the same Dong.

2. On February 14, 2016, the Defendant issued a two-class ordinary driver’s license under the name of the president of the Gyeonggi-do National Police Agency, which is an official document in possession, in front of the F station in the government city E around February 22:57, 2016.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to driving licenses presented by the person under consideration;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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