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(영문) 의정부지방법원 고양지원 2014.08.29 2014고단1449
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 19, 201, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on May 19, 201, and was sentenced to a suspended sentence of two years on December 12, 2013 for the same crime in the Jungyang Branch of the District Court for the same offense, and the sentence became final and conclusive on December 20, 2013.

【Criminal Facts】

1. On March 20, 2014, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license. On March 20, 2014, at around 30 meters from the front line of the mutual influence in the Seo-gu Incheon Seo-gu, Incheon, to the front line of the National Bank located in the same 455-meter, the Defendant driven C rocketing car while under the influence of alcohol with a blood alcohol concentration of 0.058%.

2. On May 21, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and operated a D concrete mixtures truck within the section of about 10 kilometers from the front of the factory of the “oil-proof ready container” located in the wall dong-gu Goyang-gu Seoul Metropolitan City on the same day, around 11:20 on the same day, to the non-luminous distance located in Eunpyeong-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal history records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of each Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on the violation of the Road Traffic Act on or around March 20, 2014, between the crimes of violating the Road Traffic Act, and between the crimes of violating the Road Traffic Act, and the crimes of violating the Road Traffic Act, of which punishment is heavier);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Discretionary mitigation Criminal Act;

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