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(영문) 의정부지방법원 고양지원 2017.09.07 2017고단1685

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 7, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law (drinking driving) in the Jung-gu District Court Goyang branch on April 7, 201. On January 9, 201, the Defendant was sentenced to a summary order of 4.5 million won for the same crime in the same court.

On May 29, 2017, the Defendant driven D's low-income motor vehicle under the influence of alcohol content of about 0.123% in blood at approximately 5km section from the front of a mutually influent restaurant in Gyeyang-gu, Seoyang-gu to the front road of the neighboring oil station located in 922 to the country of the same Gu.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. References to inquiries, such as criminal history (A), reports on investigation (the same criminal record and confirmation of the suspect), application of summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. In light of the record of the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (the fact that a person was sentenced to suspension of execution due to traffic accidents caused while driving alcohol, and the person was sentenced to a fine even if driving alcohol again after driving alcohol again) and the high alcohol level during blood, it is determined that the time of his/her own lodging through detention for a considerable period of time is necessary in light of the high alcohol level in the blood.