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(영문) 의정부지방법원 2015.11.06 2015고단3705

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Seoul Northern District Court on April 23, 2013. On June 19, 2015, the Defendant was sentenced to a suspended sentence of two years for ten months for the same crime, etc. at the Jung-gu District Court on June 19, 2015, and the said judgment became final and conclusive on June 27, 2015.

On August 9, 2015, at around 09:52, the Defendant driven a Cchip car without a driver’s license, in a section of about 7km from the front day of the eco-pon-dong Ho-dong in the Namyang-gu, Gyeonggi-do to the front day of the same Sindo-si, the Defendant driven a Cchip car under the influence of alcohol with a blood alcohol concentration of 0.160% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to documents related to decisions, etc. of suspects and punishment for drunk driving);

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. Circumstances that are disadvantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The records of the same crime are available, and in particular, despite the existence of the suspension period for the same kind of crime, the drinking and non-licensed driving of the instant case are again conducted despite the fact that the degree of blood alcohol level is not low: Considering the fact that all of the instant crimes are recognized, the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the instant crimes, 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.