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(영문) 의정부지방법원 2016.09.29 2016고단2077

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 8, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court, and on July 16, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Jung-gu District Court.

On April 20, 2016, the Defendant driven a CNp motor vehicle in the state of alcohol with approximately 0.140% alcohol concentration from the section of about 5 km, 0.140% in blood, from the section of about 5 km to the 19th road at the time of the Government, from the front of the 2nd area of the Gu residents' Dog-si around 07:10 on April 20, 201 to the Gug-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of previous records);

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

1. The driving of alcohol on the grounds of the sentencing of selective sentence of imprisonment with prison labor may lead to a large accident by driving under the condition that the ability of caution and physical exercise has been significantly deteriorated, and the risk may be highly likely to cause serious harm to unspecified persons;

In addition, the Defendant has already been punished twice or more due to driving under drinking, and the Defendant once or more was sentenced to a suspended sentence on March 30, 2016 due to a special injury on March 30, 2016, and again driving under the instant drinking without being aware of the fact that he/she had been sentenced to a suspended sentence of two years for a year of imprisonment, and without being aware of the fact that he/she had been sentenced to a suspended sentence. The blood alcohol concentration is high, and the circumstance of driving under the influence of drinking seems to have been for the purpose of returning the same person differently from the Defendant’s written change, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., shall be