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(영문) 의정부지방법원 2015.07.31 2015고단2209

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 14, 2009, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Chuncheon District Court, and was sentenced to a suspended sentence of two years for six months on November 18, 2010. < Amended by Act No. 932, Nov. 18, 2010>

On May 22, 2015, at around 20:50, the Defendant driven a car with a gallon in the state of alcohol alcohol concentration of about 0.246% without a vehicle driver’s license from approximately 1km section from the front to the front road of the same Eup in the Shari Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of the same criminal records as the suspect);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: 5 times for drunk driving, 5 times for non-licensed driving, and 55(1)3 of the same Act, despite the fact that there were the past records of punishment two times for non-licensed driving, once again, the drinking and non-licensed driving in this case, 3 times for drinking driving or for suspended execution, and the circumstances favorable to the fact that blood alcohol concentration is considerably high: The Defendant is against the Defendant’s full recognition of all the crimes in this case, and is against the Defendant’s age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other factors for sentencing under each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime,