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(영문) 의정부지방법원 고양지원 2016.06.10 2015고단3676
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 12, 2015, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with labor for a violation of the Road Traffic Act (refluence of alcohol measurement) at the Goyang Branch of the Jung-gu District Court on March 12, 2015, and the judgment became final and conclusive on June 20, 2015. On December 28, 2009, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (refluence of alcohol) at the Goyang Branch of the Jung-gu District Court on March 22, 2013, and was sentenced to a fine of five million won due to a violation of the Road Traffic Act (refluence of alcohol) at the Goyang Branch Branch of the

2. On December 11, 2015, the Defendant driven a coo vehicle to C under the influence of alcohol content of 0.063% in alcohol while under the influence of alcohol without obtaining a driver’s license from around 1k meters in the distance of approximately 1km from the roads near the Geum-si, Geumju-si, Geumcheon-si, Paju to the roads in front of the comprehensive household.

Accordingly, the defendant, even though he had the influence of drinking twice or more, was driving again.

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, submission of reports on investigations, judgment attached thereto, and application of summary order 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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount shows an attitude against the instant crime, and the defendant newly opens the family of satisfaction and supports two children and wife.

However, in addition to the case of this case, two times of fine for drinking driving, and one time of suspended sentence due to refusal to measure drinking, and is currently under suspended sentence.

Nevertheless, the defendant, while working in a restaurant, has been drinking with customers, and has also driven a drinking.

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