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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2218

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 26, 2006, the Defendant was sentenced to a fine of 5,00,000 won for a violation of the Road Traffic Act (driving), etc. at the Jung-gu District Court on August 26, 2006; on August 21, 2007, the Defendant was sentenced to a summary order of 3,00,000 won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 21, 2007; on November 17, 2009, the Defendant was sentenced to a suspended sentence of 2 years for 8 months for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 30, 2015; on July 8, 2015, the Defendant was sentenced to a suspended sentence of 1 year for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 01:00 on June 17, 2016, the Defendant driven a furnal 2 vehicle under the influence of alcohol concentration of about 0.124% without obtaining a driver’s license from the parking lot of the Dong-dong Dong-gu Seoyang-gu Seoul Metropolitan City to the roads in front of the same agricultural fluoral point.

As a result, the defendant, who has violated Article 44 (1) of the Road Traffic Act more than twice, once again driven the above breath while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drunk driving, the report on the state of driver's standing, the report on the state of driver's standing, and the register of driver's licenses;

1. Photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation records, and Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has committed each of the crimes in this case during the suspension period of the execution of crimes violating the Road Traffic Act.

The defendant shall be punished four times by a fine since 2006.