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(영문) 의정부지방법원 고양지원 2017.06.16 2017고단1069

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On March 30, 201, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic laws (drinking) in the Goyang Branch of the Jung-gu District Court on March 30, 201, and the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws in the same court on June 13, 2014.

On February 21, 2017, at around 18:40, the Defendant driven a motor vehicle under the influence of alcohol level of about 20km from approximately 10km to the front road of the “National General DC” located at approximately 49 km-ro 12, fro-ro, Seodaemun-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving, and investigation report;

1. Records of judgment: Application of inquiry letter, investigation report (the same type of previous conviction and confirmation) and other relevant Acts and subordinate statutes;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the punishment for a suspended sentence in 2014, the Defendant, despite the majority of his driving force, once driving alcohol again causes a physical damage accident by driving alcohol, and the Defendant was arrested at the site without dealing with the accident and again drinking alcohol.

In full view of these circumstances, the sentence of sentence on the defendant is inevitable.

In addition, the sentence like the order shall be determined in consideration of the following factors, such as the fact that the defendant reflects the defendant's wrong, the age, sex, environment, details of the crime and circumstances after the crime, etc.