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(영문) 의정부지방법원 2015.08.28 2015고단2434

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to a suspended sentence for eight months at the District Court of the Republic of Korea on January 15, 2010, for a violation of the Road Traffic Act, and was sentenced to a suspended sentence for six months in the same court on January 28, 2014 and completed the execution of the sentence on July 29, 2014.

Criminal facts

At around 22:20 on May 10, 2015, the Defendant driven Csch Rexton vehicles under the influence of alcohol content of about 0.143% at a section of approximately 800 meters from the front of the gambalg rice processing plant to the roads front of the same girical fiber.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. A traffic accident report;

1. Previous records: Application of criminal records, investigation reports (including repeated crimes, attachment of the same criminal records and the reporting of confirmation of the period of repeated crimes), 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. Article 35 of the Criminal Act among repeated crimes;

1. The circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the next sentence of sentencing): The defendant committed the crime in this case even though he had been punished several times, including imprisonment for the same kind of crime, and committed the crime in this case even if he had been punished several times during the period of repeated crime; the circumstances that are relatively favorable to the degree of blood alcohol content: The defendant's age, character, character, 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. for above reasons.