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(영문) 의정부지방법원 2016.12.09 2016고단2534
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On August 26, 2009, the Defendant was sentenced to a summary order of a fine of two million won or more for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 26, 2009, and a fine of three million won or more for the same crime at the same court on April 20, 2016, respectively, and was punished twice or more for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 16, 2016, at around 21:35, the Defendant driven a Bcoon car in the state of alcohol alcohol concentration of 0.095%, without obtaining a driving license, from around about 10 meters in a section of about 10 meters to the apartment complex front road of the 3rd apartment complex located in the same Dong, on the roads near the birth middle school that is located in the same Dong-si, Ycheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a fact of the control of drinking driving;

1. Registers of driver's licenses (criminal records on the market);

1. Criminal records;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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