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(영문) 의정부지방법원 고양지원 2018.02.07 2017고단3829
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On June 5, 2003, the Defendant was sentenced to a fine of KRW 700,000 to a violation of road traffic law (drinking driving) at the Dong Branch of the Seoul District Court on May 23, 2008, a fine of KRW 1 million to a violation of road traffic law (drinking driving) at the Seoul East District Court on August 12, 2009, a fine of KRW 2 million to a crime of violation of road traffic law (drinking driving) at the Seoul Western District Court on August 12, 2009, and a fine of KRW 2 million to a crime of violation of road traffic law (drinking driving) at the Goyang Branch of the Seoul District Court on August 8, 2014.

[2] On November 5, 2017, under the influence of alcohol content of 0.105% in blood around 01:12, the Defendant driven D Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including the list of evidence Nos. 17 and the judgment added thereto);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment (a favorable condition considered as the reason for sentencing below) lies in the records of punishment for driving under the influence of alcohol several times prior to the instant case (three times a punishment penalty, and one time a suspended sentence of imprisonment), but at the same time, the Defendant was driving under the instant drinking. After the detection of the instant drinking, the Defendant was arrested after the escape of the Defendant. In light of the following circumstances after the crime, such as the fact that the Defendant was led to a false statement about the normal relation during the investigation process by the prosecution, and was discovered during the investigation process, the Defendant was led to confession and rebuttal, and the Defendant was in a position to support his mother and wife, and the Defendant is obliged to sentence a sentence against the Defendant.

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