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(영문) 의정부지방법원 고양지원 2016.09.01 2016고단1015
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 13, 2007, the Defendant was issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 13, 2007, and on January 14, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of six months for a violation of the Road Traffic Act (driving). The judgment became final and conclusive on January 22, 2016.

【Criminal Facts】

On March 5, 2016, at around 09:35, the Defendant driven Cpoter cargo under the influence of alcohol content of about 0.151% at a distance of about 3km from the front of the restaurant in the mutual influoral fluoral fluoral fluoral fluoral, Gyeyang-gu, Soyang-si to the front of the new line fluoral fluoral fluoral, Goyang-gu, Goyang-si to the front

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a history of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Requests for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports, investigation reports (Attachment of judgment, etc.), written judgments, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime only for two months after being sentenced to a suspended sentence of imprisonment due to a crime of violating the Road Traffic Act.

Blood alcohol concentration is 0.151% relatively high.

The Defendant committed the same kind of crime even before several times, and the instant crime is committed during the period of suspension of execution.

However, there is a reason to consider part of the circumstance of drinking driving in light of the enforcement time when the defendant is against the defendant.

In addition, in consideration of the records of this case, such as family relations of the defendant, and all of the sentencing conditions identified in the trial process, the punishment as ordered shall be determined.

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