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(영문) 의정부지방법원 2018.11.21 2018고단3897
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 27, 2009, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 5 million due to a violation of road traffic laws at the Seoul Central District Court on May 27, 2009; on December 5, 201, the Seoul Western District Court issued a summary order of KRW 2 million due to a violation of road traffic laws; on March 9, 201, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of road traffic laws at the Jung-gu District Court on March 9, 201.

On July 20, 2018, at around 03:07, the Defendant driven a DNA passenger car with approximately 30km alcohol concentration of 0.09% from the 30km section to the 0.09% alcohol distance from the 30km section in front of the Hanam-si, Hanam-si to the Ha Government-si B.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. A report on internal investigation:

1. Vehicle photographs;

1. Responses to a request for cooperation in investigation and report on investigation (Evidence No. 1, No. 8 of the evidence record);

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant, as stated in the facts constituting a crime in the judgment, has a record of having been punished several times due to drinking, and (b) continues driving under the influence of drinking even though he/she had a record of being sentenced to suspended sentence; (c) thus, it is inevitable to punish

At the time, the defendant was under the influence of alcohol to the extent that he was able to sleep while driving, and is a highly dangerous crime.

There is no circumstance to consider in the circumstances in which a drinking driving has been made.

(b).

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