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(영문) 의정부지방법원 고양지원 2018.07.20 2017고단1783

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On September 22, 2016, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law (drinking driving) in the Goyang Branch of the District Court on September 22, 2016, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on March 25, 2017.

On May 27, 2017, the Defendant driven B-low-income vehicle with alcohol content of 0.149% while under the influence of alcohol without a driver’s license from the front of the C-ri-dong in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front of the C-ri-dong located in the same Sinsan-dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown, reporting on the situation of driving a drinking, and notification of the results of regulating drinking driving;

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (Attachment to rulings, etc.), and application of Acts and subordinate statutes on confinement;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Although a repeated crime is punished for driving under the reason of sentencing Article 35 of the Criminal Act due to aggravated repeated crime and is under the period of repeated crime, the punishment as ordered shall be determined by taking into account the following factors: (a) the driving of drinking again for about two months after release; (b) the drinking value is relatively high; (c) the Defendant was not present in the trial; and (d) the sentencing conditions stipulated in Article 51 of the Criminal Act, such