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(영문) 의정부지방법원 2017.09.14 2017고단3315

도로교통법위반(음주운전)

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

Reasons

Punishment of the crime

On August 5, 2010, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 4, 201, and on July 23, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for a crime of violating the Road Traffic Act (drinking driving), such as a violation of the Road Traffic Act (drinking driving) at the Sung-nam Support for Suwon Friwon.

On July 7, 2017, the Defendant driven B Poter vehicle under the influence of alcohol of 0.122% in blood alcohol concentration from around 200 meters to around 20-21, Seoyang-ro 64-2, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Camer of an accident, on-site photographs;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction and Exemption of Small Quantity) shows the defendant's attitude to see and reflect his/her mistake.

However, the Defendant again committed a crime of violation of the Road Traffic Act (Drinking on July 23, 2015) during the period of the same suspension of execution [the sentence of imprisonment with prison labor for 10 months, 2015 High Court Decision 715 High Court Decision 715 High Court Decision 715 High Court Decision 715 High Court Decision (Drinking on July 23, 2015) and July 31, 2015] while being punished several times as a crime of violation of the Road Traffic Act, and thus, sentenced to the sentence.

Punishment shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the defendant's age, sexual behavior, environment, degree of alcohol concentration in blood, method and mode of a crime, and circumstances before and after the crime.