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(영문) 의정부지방법원 2012.12.05 2012고합330
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 High 330] The Defendant was punished for drinking driving two times or more by receiving a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court on January 29, 2009, and a fine of KRW 2,500,000 as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court on January 5, 2012.

At around 04:50 on June 12, 2012, the Defendant, without a vehicle driver’s license, driven a Cgner vehicle from around 500 meters away from the front day of the “Yancheon-si” restaurant located in the Republic of Korea, Seocheon-si, Macheon-si to the front day of the E1 charging Station located in the same Eup/Myeon.

[2012 Gohap677] On September 2, 2012, the Defendant, without a car driver’s license, driven a D-ro car from the luminous Jindo road to the 368 front road of tink 368.

Summary of Evidence

[2012 Gohap30]

1. Defendant's legal statement;

1. Investigation reports, reports on the state of the driving of a motor vehicle, reports on the state of the driving of a motor vehicle, registers of driver's licenses, and reviews on the results of the control of drinking and driving;

1. Records of judgment: A statement of inquiry into criminal records, etc. (2012 high-priced 677);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act on June 12, 2012, and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment: Provided, That the maximum of the crimes of two crimes) shall be applicable;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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