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(영문) 의정부지방법원 2018.06.26 2018고단873
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic laws at the Jung-gu District Court on January 28, 2014, and was provisionally released on January 30, 2015 during the execution of the said sentence at the Chuncheon Prison, and the period of parole passed on February 26, 2015.

Criminal facts

On February 10, 2018, the Defendant driven a DF rocketing car under the influence of alcohol content of about 0.167% from the 3km section to the 10th road at the same time, from the front of the “in YA” road in the luminous plane at Yangju-si at Yangju-si, to the 10th road at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, summary order, and Acts and subordinate statutes concerning personal confinement;

1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant committed the instant crime during the period of repeated crimes due to a violation of the Road Traffic Act, including two or more times of drinking driving, and in particular, it is inevitable to sentence the Defendant on the grounds that the Defendant committed the instant crime during the period of repeated crimes due to a violation of the Road Traffic Act.

However, the punishment shall be determined by taking into account the following circumstances: (a) the period of repeated crime is remaining to the extent that it remains weak at the time of driving the instant drinking; (b) there is no criminal record of suspension of execution or more due to drinking driving; and (c) the fact that

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