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(영문) 의정부지방법원 고양지원 2016.04.22 2016고단392

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 16, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court support on March 16, 2015, and was sentenced to a suspended sentence of two years for six months on August 27, 2015 by the Incheon District Court.

Although the Defendant had been driving two or more times of drinking, on December 21, 2015, the Defendant driven a fluort 2 Scambling tower from approximately 5 km to the 291st day of the Sin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Details of driver's license revocation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a summary order related to the suspect's drinking force, confirmation of suspended sentence) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. There are circumstances in which the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment can be taken into account as to the circumstances in which the defendant caused the driver to drive under the influence of alcohol in this case

However, in consideration of the fact that a person was guilty of drinking and re-offendered during the period of suspension of the same crime, the sentence of sentence is inevitable.