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(영문) 의정부지방법원 고양지원 2015.12.17 2015고단2897
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 10, 2012, the Defendant was sentenced to a suspension of indictment for a violation of the Road Traffic Act at the Seoul Western District Prosecutors' Office, and on February 8, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License) at the Seoul Western District Court on February 8, 2013. On July 25, 2013, the Defendant was sentenced to a suspension of execution for a six-month period of imprisonment.

On September 25, 2015, around 03:10, the Defendant driven C Kazon in the state of drunk alcohol concentration of 0.123% without obtaining a driver’s license from the front of the ridge high school located in the 76 Goyang-si map to the front road of the Defendant’s house located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, circumstantial report on drivers, and the register of drivers' licenses;

1. Records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and written judgments;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 (see the reasons for sentencing) of the Criminal Code for discretionary mitigation are as shown in the criminal records in the judgment of the defendant, and the defendant has already committed multiple times a drunk and non-licensed driving, as well as the crime of the last drunk driving and non-licensed driving. Furthermore, even though the defendant was placed prior to the suspension of the execution with respect to the crime of the last drunk driving and non-licensed driving, it is inevitable to sentence the defendant as a sentence.

However, there is a difference in the fact that the defendant repents his mistake, except the drinking driving and non-licensed driving power.

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