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(영문) 의정부지방법원 2016.11.04 2016고단2292
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act, etc. by the District Court of Jung-gu on July 16, 2015. On January 29, 2016, the Defendant was sentenced to a suspended sentence of two years for the same offense by the same court.

On May 31, 2016, at around 22:40, the Defendant driven a C observer car under the influence of alcohol content of 0.166% without obtaining a driver’s license from a section of approximately 1km from the front of the restaurant “Semanp” to the front day of the front day of the same line, the elementary school, and the rear day of the same line.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

around 19:55 on June 11, 2016, the Defendant driven C observer car without obtaining a driver’s license from around 2 km section from the roads front of the mutual influorial sium located in the Macheon-si Line to the road front of 2087.

Summary of Evidence

[2016 Highest 2292]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and investigation reports (verification of records of drinking driving at least twice);

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation: The defendant's recognition of all of the crimes in this case and reflects the fact, and the defendant's receipt of a discretionary proposal due to the cryption of the master cancer, and then changes to the cryption register.

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