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(영문) 의정부지방법원 고양지원 2014.11.12 2014고단1553
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 30, 2013, a person who violated Article 44(1) of the Road Traffic Act not less than twice in order to be sentenced to a fine of 6 million won due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on December 30, 2013, and a fine of 3 million won due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

On July 4, 2014, the Defendant was under the influence of alcohol of 0.138% with blood alcohol concentration without obtaining a driver’s license on July 4, 2014, and was driving B Poter Cargo in the section of about 3 km from the factory of “large-gu Design” in the Calenda in the Calenda at Pulri-si to the child3km at Priju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Statement of the status of the driver;

1. License register and next inquiry;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (a copy of summary order, etc.);

1. Relevant provisions of Article 148-2 (1) 1, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The sentence of sentence is inevitable when the sentence is committed again, even though there are a number of identical or similar records for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act (the fact that the defendant is led to his confession).

In consideration of the fact that the defendant is against the defendant, the sentence was determined.

It is so decided as per Disposition for the above reasons.

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