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(영문) 의정부지방법원 2012.12.05 2012고합566
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 15, 2007, the Defendant was sentenced to a summary order of KRW 2,00,000 by a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 16, 2008, and a fine of KRW 3,00,000 by a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 16, 2008, and on May 3, 201, the Defendant was sentenced to a summary order of KRW 3,00,00 by the Jung-gu District Court on May 3, 201, by imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and for a violation of the Road Traffic Act (U.S.) at the Jung-gu District Court on August 12,

On August 30, 2012, while under the influence of alcohol content 0.122% without a driver's license, the Defendant driven Ccopi-sports vehicles at approximately 2 km from the roads near Mancheon-si University located in the Pncheon-si Line, Mancheon-si, to the roads near Manosan Motor Vehicle Agency located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Records of reasons for disqualification, and records of driver's license;

1. Previous records: Application of inquiry reports and investigation reports (a summary order and attachment of judgment, etc.) including criminal records, etc.;

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 of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the history of criminal punishment four times for the crime of violation of the Road Traffic Act even before the instant case, and in particular, for the crime of violation of the Road Traffic Act on May 3, 201, it is eight months of imprisonment.

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