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(영문) 의정부지방법원 고양지원 2018.05.24 2018고단564
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 25, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on September 25, 2012, and the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) in the same court on July 14, 2016.

The Defendant, as above, was a person who had a drinking driving force twice or more as seen above, driven a DS-type car under the influence of alcohol content of about 0.119% in alcohol without a motor vehicle driver’s license, from the front of the Gidong-dong cafeteria cafeteria, which was located in 59-4, 72 a.m. 79-4, Pudong-dong, Seoyang-dong, Seoyang-dong, Seoyang-dong, Pudong-dong, Pudong-dong, Pudong-dong, Pudong-ro, 700 meters in the upper m. of the 700-day BS-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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 the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances for sentencing) include a history of criminal punishment three times due to a crime of violating the Road Traffic Act. In particular, on July 14, 2016, the Seoul Southern District Court sentenced the instant crime to a suspended sentence of two years for the crime of violating the Road Traffic Act at the Seoul Southern District Court for the violation of the Road Traffic Act, which was under a suspended sentence of two years. The Defendant again committed the instant crime during the suspended sentence of two years. The Defendant did not have any special circumstances for the circumstances in which he/she was driving at the time of the instant crime, and the drinking is not only a crime that may cause serious damage to the life, body, or property of another person, but also a crime that may cause serious damage to his/her life, body, or property.

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