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(영문) 의정부지방법원 2012.11.20 2012고합506
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 20, 2012, the defendant is a person who was sentenced to six months of imprisonment with labor at the District Court on July 20, 2012 for the violation of the Road Traffic Act and the violation of the Road Traffic Act.

1. On June 9, 201, the Defendant was under the influence of alcohol at 0.164% of alcohol level without obtaining a driver’s license, and the Defendant driven C Poter Cargo at the section of about 200 meters from the construction site of the Hongcheon-gun in writing, Hongcheon-gun, Hongcheon-gun to the road of about 744 meters at the same time without obtaining a driver’s license.

2. No one who violates the Construction Machinery Management Act shall erase the registration numbers of construction machinery or make it difficult to distinguish them;

Nevertheless, at around 12:00 on March 15, 201, the Defendant removed the registration number plate of Flicker F, a construction machinery, from the street in front of the E-cafeteria located in Chuncheon City D, using a stampner, making it difficult to distinguish the registration number.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on detection of a drinking driver, a copy of the usage register of a drinking measuring instrument, and a statement in the circumstances of a drinking driver;

1. Registers of driver's licenses;

1. Each photograph;

1. The application of statutes in which crimes and investigation records are examined;

1. Subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 42 Subparag. 1 and Article 10 of the Construction Machinery Management Act for a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of a sentence of imprisonment with prison labor (with prison labor for a violation of the Road Traffic Act);

1. Violation of the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Road Traffic Act (the crime of drinking and driving; the same shall apply);

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