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(영문) 의정부지방법원 고양지원 2015.05.19 2015고단347
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

[criminal power] On May 3, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspension of execution for a violation of the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on March 3, 2013, and the above judgment was finalized on May 11, 2013.

On May 9, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch Branch of the Jung-gu District Court on April 9, 2009, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 9, 2009, and was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (driving) in the Goyang Branch Branch of the Jung-gu District Court on October 22, 2009.

【Criminal Facts】

On November 8, 2014, at around 14:29, the Defendant driven a DNA observer car under the influence of alcohol with approximately 1.5 km alcohol concentration 0.067% without obtaining a driver's license, from the front of the Defendant's house located in Pakistan to the luminous cp road located in the front of the same face.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A circumstantial report on the driver of a brewing motor vehicle;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, etc. and other inquiry inquiry reports, investigation reports, and application of statutes applicable to the same type of crime;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is penure and reflects his mistake, there are some circumstances that may be somewhat taken into account in the process of making a drunk driving, and the distance from which he driven while driving is short.

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