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(영문) 의정부지방법원 고양지원 2016.07.08 2016고단1393
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 18, 2006, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on September 26, 2008, the same court was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on March 11, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (drinking driving) at the same court. On March 19, 2016, the said judgment became final and conclusive on March 19, 2016.

On March 28, 2016, around 16:17, the Defendant driven C rocketing car with approximately 500 meters alcohol concentration at around 0.114% while under the influence of alcohol in the blood, without obtaining a driver’s license, from the 500-meter section from the front of the cafeteria Cambed Coryang-gu, Seoyang-gu, Seoyang-gu to the chemical apartment front of the same Gu wall 45-10.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, text of the summary order attached to a report on investigation, and application of the judgment statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of the amount of punishment are as follows: (a) the Defendant, in addition to the instant crime, had been punished for drinking, several times more; and (b) the Defendant went to the instant crime during the period of suspension of execution.

However, it is worth considering that the defendant shows a situation in which he/she should support his/her mother, wife, and her children.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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