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(영문) 의정부지방법원 2015.05.27 2015고단969
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 30, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 30, 2008; on November 12, 2013, the Defendant was sentenced to imprisonment for six months and one year of suspended execution; on December 19, 2014, at the Jung-gu District Court on December 19, 201, the Defendant was sentenced to a suspended sentence for six months; and on December 27, 2014, the Defendant was still under suspended execution.

On January 25, 2015, the Defendant driven a C Poter vehicle owned by the Defendant in a section of about 30 meters under the influence of alcohol 0.105% while under the influence of alcohol without obtaining a driver’s license for a motor vehicle in front of the Heak Station of 1190-ro, Ho-si, the Government-si, 21:30.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the drinking driving control;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Investigation into licenses and report on the circumstances of driving without licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the same type of criminal records and attachment of judgments);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Taking account of the fact that the Defendant had a majority of criminal records of the same kind in sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and, in particular, even during the period of suspension of execution, once again carried out the instant drinking and non-licensed driving, and the blood alcohol concentration is not low, a sentence of sentence to the Defendant is inevitable.

However, the defendant recognized all of the crimes of this case and reflects in depth, and the judgment of this case can be invalidated when the judgment of this case becomes final and conclusive, the defendant supports his mother, and other age, character, character, intelligence and environment of the defendant.

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