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(영문) 의정부지방법원 고양지원 2015.10.27 2015고단2173

도로교통법위반(음주운전)등

Text

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

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

Reasons

Criminal facts

On October 31, 2014, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on October 31, 2014, and a fine of four million won as a crime of violating the Road Traffic Act (driving) at the same court on May 28, 2015.

On July 17, 2015, around 04:59, the Defendant driven D Sti-type vehicles under the influence of alcohol concentration of about 0.170% without obtaining a driver's license in the section of about 2 km from the French-dong Meal to the front road of the same Gu Pungdong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant already committed the crime of this case even though he had the record of being punished twice due to drinking driving, and in particular, the defendant committed the crime of this case since two months have not passed since he was punished for the second drinking driving, in consideration of the nature of the crime, the crime is not good, the risk of recidivism is high, and the degree of the risk of recidivism is high, and the degree of blood alcohol level is also high, the defendant will select and punish the defendant at once, and dispose of the motor vehicle with the fact that he will not drive again, and he will not drive again, there has been any history of punishment exceeding a fine so far, and the suspension of sentence will be ordered by taking into account favorable circumstances.

(2).