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(영문) 의정부지방법원 고양지원 2018.06.14 2018고단818

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 6, 2018, around 21:46, the Defendant driven a Da QM5 car in the state of alcohol concentration of approximately 0.204% during blood while under the influence of alcohol from approximately 500 meters to the same 319-way old Olympic Games.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under driving under drinking);

1. The application of Acts and subordinate statutes to a response to a request for appraisal, a report on detection of a primary driver (blood collection result);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, recognized the instant crime and reflects his mistake.

However, in 205, the Defendant was punished by a fine twice due to drinking driving in 2005, and in 2013, the Defendant caused a traffic accident while driving a drinking, and was punished by a suspended sentence of imprisonment for the injury of three persons, such as the driver and passengers of the other vehicle, despite the fact that the Defendant had been punished by a suspended sentence of imprisonment, the Defendant again committed the same kind of drinking driving without being aware of it, and there is a need to punish the Defendant who repeats the same mistake more strictly.

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

In addition, in consideration of the circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the background of the crime of this case, the defendant's age, sex, living environment, and circumstances after the crime, the punishment as ordered shall be determined.