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(영문) 의정부지방법원 고양지원 2018.12.06 2018고단1578

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 6, 2018, the Defendant driven BMW car from approximately 2 km section to approximately 0.111% alcohol level, while under the influence of alcohol level from around 02:27 to the roads before the Pakistan fire station located in the same Si-Eup due to the unification of Pakistan Eup in the same city-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement on the circumstances of driving a drinking driver, investigation report (report on the circumstances of a drinking driver), and the results of regulating drinking driving;

1. The Defendant, on the grounds of the pertinent legal provisions regarding criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the sentencing of the sentence of imprisonment, shows an attitude against his fault, such as providing volunteer service after committing the instant crime.

The defendant's main figures want the defendant's wife against the defendant.

However, on July 15, 2016, the day before the instant crime was committed, the Defendant committed a traffic accident while driving a vehicle while making it difficult to drive the vehicle due to influence of drinking, and accordingly, committed an injury to two victims on November 10, 2016, and accordingly, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of Road Traffic Act (Dangerous Driving) on November 18, 2016, and sentenced to a suspended sentence of two years on August, 2016, and the said judgment became final and conclusive.

Nevertheless, the defendant again committed the crime of drinking alcohol during the period of suspension of execution.

It is necessary to punish defendants who repeat the same mistake more strictly.

Although the period of the above suspension of execution is determined as of the date of the sentence, the defendant should be sentenced to the sentence in that he/she committed the same kind of crime during the suspension of execution without being aware of the defendant.

The alcohol concentration level of the blood of this case is also reasonable.

In addition, the circumstances of the crime of this case, such as the drinking driving distance, the defendant's age, sexual conduct, living environment, and circumstances after the crime.