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(영문) 의정부지방법원 2015.08.18 2015고단554
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015No. 554] On December 27, 2014, the Defendant driven CM5 car without obtaining a driver’s license from the front of the reduction house of the trade name in Pyeongtaek-dong, Namyang-si to the front of the 1862 Sindo Gyeongdo-ro Gyeongdo-ro from around 6km to the front road of 1862, the Defendant driven CM5 car without obtaining a driver’s license with a blood alcohol content of about 0.205%.

[2015Kadan2120] [criminal power] The Defendant was sentenced to a fine of KRW 3 million on June 1, 201, by the Jung-gu District Court for the violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant, while under the influence of alcohol, was in violation of Article 44(1) of the Road Traffic Act twice or more (including the facts constituting the crime as seen earlier), the Defendant driven a CMF5 vehicle under the influence of alcohol without obtaining a driver’s license from the front side of the mountain apartment located in the Yancheon-si, Yancheon-si to the front side of the new North Korean intersection located in the same Ri area from May 22, 2015 to the front side of the new North Korean intersection located in the same Ri area from around 500 meters.

Summary of Evidence

[2015 Height554]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The register of driver's licenses (2015 Height 2120);

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (report attached to the same type of judgment, etc.);

1. Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on December 27, 2014) concerning criminal facts under the relevant Act, Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on May 22, 2015), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without the license);

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course;

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