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(영문) 의정부지방법원 2016.11.18 2016고단3854
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 11, 2012, the Defendant has been punished two times or more for a violation of the Road Traffic Act (driving) by committing a violation of the Road Traffic Act at the Jung-gu District Court on October 11, 2012, and a fine of KRW 7 million at the same court on October 19, 2015.

【Criminal Facts】

At around 18:20 on July 27, 2016, the Defendant driven a vehicle B, while under the influence of alcohol with a blood alcohol concentration of 0.142%, without obtaining a driving license, from a vehicle driving license at a section of about 10 meters in front of the 2nd complex of Goam-ro 270 Goam-ro, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and investigation reports (suspect's drinking and reporting on confirmation of the record of driving without a license) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's depth reflects the fact that the defendant recognized the crime of this case, the driving distance of this case is very short, the defendant's age, character and behavior, environment, means and consequence of the crime, and the circumstances after the crime, etc. are considered, and the punishment shall be determined as ordered by taking into account various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, means and consequence of the crime.

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