(영문) 의정부지방법원 고양지원 2015.04.30 2015고단276

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.04.30 2015고단276

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for six 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

On October 25, 2015, the Defendant revoked his driver’s license due to a crime of drunk driving before around 01:10, and was under the influence of 0.126% of blood alcohol concentration without a driver’s license, the Defendant driven a string car from approximately 3 km to approximately 5 km of light village to the front road of the five-lane complex in the same Gu under the influence of alcohol concentration 0.126% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to a report on the situation of running a motor vehicle with the driver’s license;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is under continuous driving on April 14, 2014.

As a result of the crime that caused a traffic accident, the defendant was subject to a summary order of KRW 3 million on November 7, 2014, and the crime of driving under influence on November 29, 2014, despite the fact that he/she received a summary order of KRW 3 million on December 22, 2014, there is a need to strictly punish the defendant in light of the fact that he/she carried out the driving under the influence of alcohol and the driving without a license.

However, the punishment shall be determined by the suspension of the execution of imprisonment without prison labor only once in consideration of the fact that the defendant has divided his/her mistake, supports his/her parents, and has no record of more severe punishment than the fine.

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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