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(영문) 의정부지방법원 고양지원 2015.05.15 2015고단237

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

On November 29, 2014, at around 22:50, the Defendant, without obtaining a driver’s license, driven E-Poter truck under the influence of alcohol concentration of approximately 0.206% in the area of about 2km from the front day of the restaurant in which it is impossible to know the trade name on the meal clubs of the Goyang-gu, Soyang-gu, Soyang-gu to the front day of the military police road of Goyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (suspect A's previous records and attachment of judgment);

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 of Article 62-2 of the Criminal Act on probation and community service order reaches eight times prior to the instant crime, which had been punished for drunk driving and unlicensed driving, and has been punished for a crime committed by excessive traffic accident and escape.

In particular, on April 24, 2013, even though the court was sentenced to a suspended sentence of 2 years due to the violation of the Road Traffic Act (LA) on the grounds of the violation of the Road Traffic Act, it re-undertakeed the drinking driving during the suspended sentence of 2 years.

The alcohol value of the instant case also significantly high.

However, the criminal defendant is divided into crimes, and the criminal defendant does not repeat again.

At the time of the instant case, it seems that the agency engineer and the pilot have been directly driving, and there are no circumstances to consider the situation.

In this respect, the defendant has the time to reflect to a certain degree during the period of four-month detention, and the defendant's age, occupation, environment, family relationship and all other matters.