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(영문) 의정부지방법원 고양지원 2019.01.31 2018고단3010

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On July 16, 2002, the Defendant issued a summary order of 1,500,000 won of a fine for a violation of the Road Traffic Act (driving) at the government support of the Seoul District Court on July 16, 2002. On June 2, 2004, the Defendant issued a summary order of 1,50,000 won of a fine for the same crime from the Goyang Branch Branch Branch Branch of the Jung-gu District Court on July 20, 2004. On July 20, 2005, the Defendant issued a summary order of 4 million won of a fine for the same crime as the same crime, etc. at the Incheon District Court on November 8, 2006.

On February 1, 2007, the Defendant was sentenced to a suspended sentence of three years for the crimes of violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on June 1, 2007. On March 15, 2013, the Defendant was sentenced to a summary order of three million won for the same crimes at the Jeju District Court on March 15, 2013. On January 29, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crimes.

Criminal facts

On November 23:39, 2018, the Defendant, who had driven two or more times as above, once again, driven a DNA motor vehicle in the state of alcohol alcohol concentration of 0.217% from the 4km section from the front of the Goyang-gu Seongbuk-gu Seongbuk-gu Mangdong to the front road located in the Sinsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Records of violation of judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment, the same criminal records of the defendant including the immediately preceding suspended sentence, and the blood alcohol concentration of the defendant in this case, and economic conditions of the defendant's dependent and economic situation);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;