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(영문) 의정부지방법원 고양지원 2018.09.14 2018고단1494

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud in order to support the High Government District Court on March 2, 2017, and was sentenced to a suspended sentence of 2 months on March 10, 2017, which became final and conclusive on March 10, 2017.

【Criminal fact-finding on May 16, 2018, the Defendant driven a BN model under the influence of alcohol with approximately 0.084% alcohol concentration from the 1km section to the front road of the home flusium in the same Dong-dong, the Home flusing-dong, in around 02:55, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of suspension of execution);

1. Relevant legal provisions regarding criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the Defendant’s attitude of reflecting the erroneous recognition of the Defendant’s erroneous recognition of the sentencing of sentence of imprisonment. At the time, alcohol content at the time is not high.

However, the defendant has been punished five times for the same crime (three times for the punishment and two times for the suspension of the execution of imprisonment), and he again committed the crime of this case even during the period of the suspension of the execution, and it is difficult to correct the character and behavior of the defendant only by the fine or the suspension of the execution of imprisonment.

I seem to appear.

The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.