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(영문) 의정부지방법원 고양지원 2015.11.30 2015고단2283

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On September 28, 2010, the Defendant was sentenced to a suspended sentence of one year at the Seoul Western District Court for a violation of the Road Traffic Act, etc., and on September 4, 2014, the Defendant was issued a summary order of five million won by a fine at the Seoul Western District Court for a violation of the Road Traffic Act.

On June 27, 2015, at around 04:30, the Defendant started from the front of the Goyang-dong, Goyang-gu, Seoyang-gu, Goyang-gu, Goyang-si, the Defendant driven D-Wez vehicles under the influence of alcohol concentration of about 0.143% without a driver’s license in approximately 5km section from around 04:40 on the same day to the Goyang-gu, Soyang-gu, Goyang-gu, Goyang-gu, Goyang-si, the second freedom of Goyang-si up to

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Records of judgment: Application of criminal records, reply reports, and records of the control of drinking driving and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished four times or more, including the record of drunk driving as stated in the facts constituting the crime in the judgment, and further, the Defendant did not have been sentenced to a summary order on September 4, 2014, and again carried out the instant drunk driving and the instant non-exclusive driving again on September 4, 2014, and was considerably high, so it is inevitable to sentence the Defendant as sentenced to a penalty.

However, the above punishment shall be determined in consideration of the fact that the defendant reflects his mistake, the fact that the defendant suffered an injury while driving the motor vehicle in this case, and there is a family member to support the motor vehicle.