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(영문) 의정부지방법원 2019.09.18 2019고단2257

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 13, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on Busan District Court on November 2, 2015, a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court on November 2, 2015, and a fine of KRW 1 million for a crime of violation of the Road Traffic Act (driving) at the Jungwon District District Court on June 13, 2017, and two years for a suspended sentence.

Although the Defendant had been in violation of Article 44(1) of the Road Traffic Act more than twice, the Defendant driven C Costex vehicles from the 7K section from May 23, 2019 to the 0.093% of blood alcohol content from the 0.093m section from the 06:13 Escopic road of the Government-Si Descopic city to the Yangju-si roads.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of the driver, an investigation report, and a report on the situation of the driver’s license;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the grounds for sentencing choice of imprisonment for a crime;

1. The scope of punishment by law: One to three years of imprisonment;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced one time on or around 2004, was punished as a crime of violating the Road Traffic Act (driving on or around 2015), and was punished as a crime of violating the Road Traffic Act (driving on or around June 13, 2017) and a crime of violating the Road Traffic Act (driving on or around 2017), but committed the instant crime during the suspension of execution.

The defendant shows an attitude against the defendant in light of the defendant's penal power and the distance between the previous penal power.

Even if there is no longer action, it can no longer be taken.

Other amounts of blood alcohol concentration, driving distance, defendant.