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(영문) 의정부지방법원 2016.09.29 2016고단2040

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On May 26, 2009, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on May 26, 2009, a summary order of 2.5 million won by a fine of 2.5 million won by a fine of 2.5 million won by a violation of the Road Traffic Act, a summary order of 2.5 million won by a fine of 2.5 million won by a fine of 4 million won by a fine of the same crime at the Seoul Northern District Court on December 6, 2011, and a summary order of 4 million won by a fine of 2.2 years by a suspension of sentence of 10 months by a Government District Court on May 25, 2012.

On April 3, 2016, the Defendant driven a Brento vehicle under the influence of alcohol content of approximately 0.083% from a section of approximately 200 meters away from the front of the mutual influoral telecom, which is located in the Government-dong of Speaker-si, to the roads in front of the Western underground roadway located in the same city as a citizen.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 light of the fact that the Defendant had already been punished three times as a result of drinking driving and one suspended sentence on March 21, 2016, and was sentenced to two years of a suspended sentence on March 21, 2016 as a special injury on March 21, 2016, and again driving the instant drinking during the suspended sentence, and a considerable period of time has passed from the time when the Defendant drinking, but the Defendant’s alcohol concentration in the blood was not lower than 0.083%, the Defendant is sentenced to a suspended sentence.

However, the defendant's age, sex, environment, and motive for committing the crime.