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(영문) 의정부지방법원 2015.11.26 2015고단3151
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 19, 2010, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on July 19, 2010, and on November 5, 2013, the same court was sentenced to a suspended sentence of six months for the same crime and became final and conclusive on November 13, 2013.

On July 31, 2015, at around 22:30, the Defendant driven a Brocketing car under the influence of alcohol by 0.109% without a car driver’s license, from around approximately 150 meters away from the front of the Dongm-gun Si Gam Smart Smart to the road near the same Eup/Myeonmdong Office.

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: Application of criminal records, reply reports (A), investigation reports (same records and confirmations related to suspect drinking);

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. In light of the fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant was sentenced three times to a punishment for a violation of the Road Traffic Act (driving) and, in particular, even though he was sentenced to a suspended sentence of six months on November 5, 2013, he/she committed the instant crime during the suspended sentence of six months, and that he/she committed the instant crime while he/she was sentenced to a suspended sentence of six months on November 5, 2013, and that he/she was under the influence of alcohol concentration of 0.10% without a driver’s license, such as driving under the influence of alcohol concentration of 0.10% without a driver’s license

However, there is no record that the defendant has been sentenced to punishment for the same crime, and the defendant has a depth of and reflects his mistake, the wife and age children (14 years and 8 years of age) have to support, and other ages, character and behavior, family environment, motive and means of the crime, results, after the crime, etc.

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