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(영문) 의정부지방법원 2013.11.01 2013고단2656

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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, and the above judgment became final and conclusive on May 25, 2012. On November 25, 2011, the same court was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years by the court on December 3, 201, and has the same record of drinking four times.

At around 22:20 on July 19, 2013, the Defendant driven the B K7 car from the section equivalent to approximately 700 meters from the upper corner of the erogian distance in the Namyang-si, Namyang-si, Namyang-si, Doyang-si, to the upper corner of the 850 erogian in the Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. The circumstantial report of an employee;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. A sentence equivalent to the nature of the crime is inevitable in full view of the following: (a) the defendant in the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has the same kind of power; (b) the defendant was sentenced to a suspended sentence due to the crime of violation of the Road Traffic Act in 2011 and 2012; (c) the person driving under the suspended sentence again during the period of the suspended sentence; (d) the person driving under the influence of alcohol; and (e) the person under the influence of alcohol escaped when the person

However, in the case of this case, when the sentence of imprisonment is declared and finalized, the sentence shall be determined as ordered in consideration of the circumstances where the previous suspension of execution is invalidated and the sentencing conditions recorded in the records, such as the age, character and behavior and environment of the