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(영문) 의정부지방법원 2018.09.07 2018고단3176

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On September 8, 2008, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws at the Seoul Central District Court on September 8, 2008, and was sentenced to a suspended sentence of 2.5 million won on January 23, 2015 at the Seoul Central District Court on August 2015.

On April 28, 2018, the Defendant driven D-Scar car at approximately 10 meters away from the 10-meter section of the road in the Namyang-si apartment complex while under the influence of alcohol content 0.218% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Progress of the crime of this case

A. The Defendant attended a ceremony 3 hours prior to the time of the instant crime, and dice 2 sick degree, and boarded the vehicle driven by an acting driver, and arrived at C apartment in South Korea, which is the place of residence.

At the time, the representative engineer parked the vehicle within the parking zone of the apartment parking lot in the apartment parking lot, not the apartment parking lot in which the defendant is living room.

According to the police interrogation protocol (35-day evidence record) against the defendant, the defendant stated that the substitute driver was parked completely in the parking lot.

B. The Defendant, immediately after the above parking, was in dispute with the substitute driver, and the substitute driver was driving a vehicle directly to move the vehicle to the parking lot in the apartment complex after leaving the site.

(c)

While the Defendant was driving a vehicle while driving the vehicle, the Defendant shocked another vehicle parked in the parking line, and re-sprinked the said vehicle by repeating the vehicle again and repeating it.

(d)

The distance between the defendant's vehicle's parking location and the E-style apartment is about 100 meters.