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(영문) 의정부지방법원 2013.09.27 2013고단1393
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2008, the defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act or 2 years of suspension of execution, etc. at the Sungwon District Court's Sungnam Branch on September 24, 2009 and sentenced to 4 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court on September 24, 2009, and the judgment became final and conclusive on December 10, 2009, the sentence of the said suspension of execution was invalidated. The defendant was released on August 13, 2010 and released on August 13, 2010 during the execution of the sentence in the

9. 21. The parole period expired.

At around 16:00 on May 6, 2013, the Defendant driven a C rocketing car with a blood alcohol concentration of about 0.224% at a section of about 10 meters from underground parking lots to the entrance of the said parking lot at the Namyang-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. A report on investigation;

1. Previous records of judgment: Application of inquiries, such as criminal records, and explanatory documents (verification of repeated records) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (not less than three times of drinking driving), and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. In full view of the following: (a) the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation can be deemed to have been previous and previous; (b) the Defendant, who was sentenced to a suspended sentence due to a drunk driving, again was sentenced to a suspended sentence during the period of the suspended sentence and served for one year after being sentenced to a drunk driving again during the period of the suspended sentence; and (c) the driving distance is short and the drinking level is very high; and (d) the sentence is inevitable even when considering

The punishment as ordered shall be determined by taking into consideration the sentencing conditions shown in the records, such as the defendant's age, character and behavior and environment.

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