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(영문) 의정부지방법원 2018.08.31 2018고단2725
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 7, 201, the Defendant issued a summary order of a fine of 2.5 million won to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on April 7, 201, and on November 7, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (drinking driving), etc. at the same court on November 7, 201 and was sentenced to a suspended sentence of 8 months due to a violation of the Road Traffic Act

On June 20, 2018, the Defendant driven Bcom-sports vehicles in the state of alcohol alcohol concentration of approximately 0.130% from the section of approximately 100 meters from the 100-meter radius to the 1st day of Yang-si, Yang-si, Yang-si, Yangju-si.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol, even though he violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, filing of the previous and summary order, such as the previous and summary order, and reporting of the results thereof;

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 mitigation of small quantities was that at the time of the instant crime, the alcohol concentration in the blood was relatively high by 0.130%.

In addition, on November 7, 2012, the defendant committed the crime of this case again even though he had been sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act (drinking) on the same day before the judgment, and the court committed the crime of this case.

If the criminal records of this case show the criminal records of this case, it is judged that the punishment against the defendant is not effective to prevent the recidivism of the defendant, and it is necessary to punish the defendant with heavy punishment in order to achieve the special preventive effect against the defendant.

Therefore, the defendant will be sentenced to punishment.

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