beta
(영문) 의정부지방법원 고양지원 2017.12.07 2017고단2759

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[Criminal Experience] On November 8, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on November 8, 2007, and on October 30, 2008, the same court was sentenced to a suspended sentence of two years for six months, and on March 27, 2012 to six months, for a crime of violating the Road Traffic Act (drinking driving).

[2] On August 19, 2017, the Defendant driven a C-hand vehicle while under the influence of alcohol leveling 0.182% from a section of about 130 meters from a 130-meter distance to the front distance of the Central church, in light of the following facts: (a) around 22:51 on August 19, 2017, the Defendant driven a C-hand vehicle in the state of under the influence of alcohol leveling 0.182%.

Summary of Evidence

1. Statement by the defendant in court;

1. Indicating the circumstances of driving a vehicle, making a statement on the circumstances of a driver driving a vehicle, notifying the results of regulating the driving of a vehicle, reporting the situation of a driver driving without a license, making an inquiry about the results of regulating the driving of a vehicle

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 Act on Reduction of Small Quantity are as follows: (a) although the Defendant had a lot of records of driving of alcohol and punishment for non-licensed driving, he again carried out the instant drinking and non-licensed driving.

Of the blood of this case, the alcohol concentration level is also high.

The defendant shall be sentenced to imprisonment.