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(영문) 의정부지방법원 2018.11.09 2018고단3952

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 4, 2008, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a crime of violating the Road Traffic Act at the Jung-gu District Court on June 4, 2008. On July 15, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

On August 16, 2018, at around 00:03, the Defendant driven a coo vehicle in F in the state of alcohol with approximately KRW 200 meters alcohol concentration 0.167% from the section of approximately 200 meters from the front of the E Union Hoping point in D to the front road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

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

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation, etc. of such previous history);

1. The Defendant, at the time of committing the instant crime, was driving a motor vehicle with a relatively high alcohol content of 0.167% and increased the risk of traffic accident by driving the motor vehicle while driving the motor vehicle under a relatively high alcohol level at the time of committing the instant crime, the illegality of the instant crime is high.

In addition, the defendant has been punished for six times due to drinking driving in the past.

In particular, on January 22, 2008, the Defendant was sentenced to imprisonment with prison labor for 1 year and for 2 years of suspended execution on June 4, 2008 on the grounds that he/she escaped without taking necessary measures even though he/she received an injury necessary for 12 weeks of alcohol while driving a motor vehicle under the influence of alcohol at around 01:00 on January 22, 2008. On July 15, 201, the Defendant was sentenced to a fine of 3 million won for the criminal facts of drinking and non-licensed driving. On August 10, 201, the court was sentenced to a suspended execution on July 15, 201, and on January 21, 2016, the Defendant was sentenced to a fine of 0.0 million won for the criminal facts of driving a motor vehicle under the influence of alcohol at around 0.092% of alcohol while driving a motor vehicle under the influence of alcohol at around 31, 2016.