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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단2287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 12, 2015, the Defendant sentenced six months to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at a district court of the Jung-gu District on August 12, 2015, and completed the execution of the sentence in a governmental prison on November 11, 2015.

Criminal facts

On September 6, 2007, the Defendant was sentenced to a suspended sentence of 8 months at the Daegu District Court for the crimes of violation of the Road Traffic Act, etc., and was sentenced to a fine of 3.5 million won on January 22, 2015 as a crime of violation of the Road Traffic Act at the Jung-gu District Court's Goyang Branch.

On July 31, 2016, at around 01:25, the Defendant driven a B rocketing car with a blood alcohol concentration of about 0.164% without a vehicle driver's license from around about 40 meters from the front of the Goyang Nonghyup-gu, Goyang-gu to the front road of the Goyangyang-gu, Goyangyang-gu, Goyangyang-gu.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol at least twice, and drives a motor vehicle without obtaining a driver's license in violation of this again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The register of driver's licenses and details of cancellation thereof;

1. Previous convictions indicated in judgment: Application of criminal records, reference reports (A), investigation reports (former and confirm), and investigation reports (related to repeated crimes) 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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant committed the crime of this case during the period of repeated crime, the defendant has the record of punishing him/her for driving under the influence of alcohol or driving without a license, and the drinking volume is considerable.

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