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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단3064

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A repeated offender and the Defendant were released on May 22, 2015 in the Seoul Southern Prison District Court on November 28, 2014, by committing a violation of the Road Traffic Act, etc. and for whom the parole period was passed on June 6, 2015, when they were released on May 22, 2015 during the execution of the sentence.

2. On September 22, 2015, the Defendant: (a) around 00:0, the Defendant driven a cpoter cargo vehicle under the influence of alcohol concentration of 0.203% without obtaining a driver’s license; and (b) on September 22, 2015, the Defendant driven a cpoter truck under the influence of alcohol concentration of 0.203%, from the 8-lane of the Sungdo-gu Gandong-gu Gandong-gu Gandong-gu to the front road of Goyangyang-si, Seoyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records shown in the circumstantial report on drinking drivers, records of the control of drinking driving, and the register of driver's licenses;

1. Investigation into criminal records;

1. Application of Acts and subordinate statutes to investigation reports (in cases of repeated crimes of suspects, repeated crimes, previous rulings, etc. and reports attached thereto), written judgments, and current status of personal confinement and confinement;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. One year of imprisonment with prison labor for a decision of sentence (the fact that the defendant has majority of the previous crimes to be sentenced, such as a repeated crime committed for the same kind of crime and a disqualified person for suspension of execution, the circumstances leading to the crime of this case, drinking water, driving without license, and other factors, such as the age, character and conduct, etc.