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(영문) 의정부지방법원 2016.04.27 2016고단835

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 11, 201, and on September 29, 2014, the same court issued a summary order of five million won for the same crime, etc., and was punished twice or more for a crime of violating the Road Traffic Act (drinking driving).

On February 20, 2016, around 04:54, the Defendant driven a Crocketing car with a alcohol content of 0.130% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front of the Punghae-dong located in the same city northwest-dong to the front of the Korea apartment house located in the same city north-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order: The drinking and non-licenseless driving of the instant case are again conducted even though there are several occasions of punishment due to drinking, non-licenseless driving, etc., the circumstances favorable to the high alcohol concentration in blood: The defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc. are considered. It is so decided as per Disposition for the above reasons.