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(영문) 의정부지방법원 2015.06.12 2014고단4736

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the District Court of Jung-gu, which became final and conclusive on January 24, 2014.

On November 21, 2014, at around 16:35, the Defendant driven a B rocketing car with a blood alcohol content of about 0.139% under the influence of alcohol without obtaining a driver’s license from the front of the iron farm 156 knife in Yang-si, Yangju-ro, Yangju-ro, Do, in front of the iron farm 156 knife-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Application of the Act and subordinate statutes to inquiry into driver's license and report the circumstances of unlicensed driving;

1. Relevant provisions of Article 148-2 (2) 2, 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. The circumstances that are disadvantageous to the reasons for sentencing selected as imprisonment with prison labor: The driving of a drinking or non-licenseing driver again despite the fact that the person is currently under probation due to a violation of the Road Traffic Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the degree of blood alcohol is not low: Recognition and reflect on his mistake, and the degree of blood alcohol may be invalidated when the judgment of this case becomes final and conclusive; the defendant's age, character and behavior, intelligence and environment, relationship with victims, motive, means and consequence of the crime, and other factors for sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc. are considered.