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(영문) 의정부지방법원 2013.04.26 2013고단519
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 24, 2011, the Defendant was sentenced to eight months of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's branch on August 24, 201, and completed the execution of the said sentence on February 23, 2012.

On January 27, 2013, the Defendant, without a driver’s license on January 14:35, 2013, driven a B-to-purd vehicle from the 15km section at approximately 15km to the front direction of the 608 U.S. Government-dong 608 U.S. government, while under the influence of alcohol by 0.13% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. License inquiry;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (a repeated crime and confirmation of the same kind of power), amounts to dispositions, and reporting Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, 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. Violation of 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 Article 35 of the Criminal Act among repeated offenders is that the Defendant repeatedly conducted without a license (16 times) and drinking (4 times) after the revocation of the license in 1994, and the Defendant was sentenced to 8 months imprisonment with prison labor for a non-licenseed driving, etc. in 2011, and was released from the prison after having been sentenced to 1 year after having been released from the prison, and it is inevitable to impose a sentence on the Defendant during the period of repeated crimes, taking into account the following:

However, in consideration of the fact that the defendant is a person with a disability of Grade III in intellectual disability and other sentencing conditions shown in the records, such as the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall

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