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(영문) 의정부지방법원 2016.10.28 2016고단2764
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on June 12, 2014, and on September 3, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On March 23, 2016, around 21:42, the Defendant driven a C-wing truck under the influence of alcohol content of about 0.162% without obtaining a driver’s license in a section of about 200 meters, from the adjacent road of 1010 “National Mar. 23, 2016” to the front road of the “luminous Measuring Station” in the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defense counsel on the assertion of the Defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation claims that the Defendant was in a state of mental and physical disability due to depression and alcohol existence at the time of the instant crime. Thus, according to the records, the Defendant was in a state of mental and physical disability at the time of the instant crime. The record reveals that the Defendant was in a state of mental and physical disability. The Defendant was in a state of alcohol at the time of the instant crime, was diagnosed with depression and alcohol existence and was diagnosed at the D hospital, and was on the diagnosis of depression

7. 8. The fact of being hospitalized until now is recognized as having been being treated, but at the time of committing the instant crime, the Defendant’s judgment or decision to change things due to depression and proof of alcohol.

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