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(영문) 의정부지방법원 고양지원 2016.04.27 2016고단42

A defendant shall be punished by imprisonment for four months.


Punishment of the crime

On December 1, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) in order to improve the district court's order on December 1, 201, and the same criminal record is seven times.

On November 30, 2015, the Defendant, “2016 Highest 42, the Defendant, without obtaining a driver’s license on a motor vehicle on November 30, 2015, driven a B-A-D motor vehicle at the 2km section from the front of the Geum-dong Hyundai Motor Vehicle at the Sinju City, the alcohol concentration of which is 0.094% under the influence of alcohol during blood, and the front road of the Sinju City at the same intersection.

around 15:05 on February 27, 2016, the Defendant driven CK7 car without obtaining a driver’s license from the front side of the Man-dong, Nam-gu, Incheon Metropolitan City Man-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

"2016 Highest 42"

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. "Motor vehicle driver's license ledger 2016 high group 759";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the application of statutes attached to written judgments as a result of confirmation of minor convictions;

1. Relevant Act on the facts constituting an offense: Article 148-2 subparag. 3, 44(1) of the Road Traffic Act (the point of drinking), Article 152 subparag. 1, and 43 (the point of driving without a license) of the Road Traffic Act. Article 152 subparag. 1, Article 152 of the Road Traffic Act (the point of driving without a license): Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. The term "2016 Height 42": Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who violates the Road Traffic Act due to a drinking operation under a heavier judgment);

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant was an employee in the past in the middle and high-ranking trading, while driving under drinking or non-licenseing under the influence of alcohol, and the Defendant would no longer drive under the condition that he would transfer his workplace.

It is reasonable to consider that there is a problem.

However, the defendant is a drinking driver in 2001 and 2006.