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(영문) 의정부지방법원 고양지원 2015.09.22 2015고단2158
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the Seoul Western District Court on February 4, 2010, sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) and sentenced to a suspended sentence of 6 months at the Seoul Western District Court on April 19, 2012 and sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 22, 2012, is a person who completed the enforcement of the sentence at the Seoul Southern Southern District Court.

On November 16, 2013, the Defendant, while under the influence of alcohol 01:12, driven a motor vehicle with approximately 1.5 km from the day from the day before the Goyang-dong Tong-dong Port Lone Star-dong to the front day of the White-dong in the same Gu Pungdong-dong, Goyang-si, the Defendant driven a motor vehicle with approximately 1.5 km without a motor vehicle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous offense indicated in the report on the situation of driving under the influence of alcohol, the results of the control of drinking driving, and the driver's license register;

1. References to criminal records;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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 reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. One year of imprisonment with prison labor for a decision of sentence (the fact that the defendant has been tried for the same kind of crime, the fact that the crime is committed during the period of repeated crime, the age of the defendant, his age, family relationship to character, conduct and support, economic circumstances, etc.

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