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(영문) 의정부지방법원 2013.06.11 2013고단937
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 3, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on April 3, 2008, and on October 5, 2012, the Defendant was a person who had been sentenced to a suspended sentence of two years in the year of imprisonment for a violation of the Road Traffic Act in the Jung-gu District Court on October 5, 2012. On April 12, 2013, the Defendant driving a 200-meter 189-2 of the same year from the cafeterianam-gu, YU to the road located at 189-2 located in the south-nam District Court on April 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to judgments, etc.);

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation seems to have been led to the confession and penance of the defendant for the reason of sentencing, and the short distance of drunk driving is, etc., which are favorable to the defendant, or two times the defendant's past records of punishment of a fine due to drunk driving around July 2002, around April 2008, which had been sentenced to punishment of a fine due to drunk driving around October 2012, the crime of drinking and non-licensed driving in this case committed again once. In particular, the crime of this case committed a second offense without being familiar with the suspended period of the above imprisonment, which is considerably high in blood alcohol level, and thus highly dangerous.

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