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(영문) 의정부지방법원 고양지원 2017.05.18 2017고단689
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 11, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court. On April 17, 2012, the Defendant was sentenced to a summary order of KRW 5 million for the same crime in the Jungyang Branch Branch of the Jung-gu District Court on April 17, 201, and on January 24, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime at the same court on January 24, 2014, and the judgment became final and conclusive on February 4, 2014.

On March 6, 2017, the Defendant driven a B Sp-type car under the influence of alcohol content of approximately 0.131% at a distance of about 150 meters from the front day of the gold village to the front road of the gold village located in the same Dong, from the gold village in the gold village, around 23:50 on March 6, 2017.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same criminal record and confirmation of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume, was driving the sixth alcohol since 2002 as the instant crime.

There has already been a history of punishment due to the suspension of the execution of imprisonment, and the alcohol concentration in the blood is not low.

However, the defendant is seriously against the defendant.

In addition, in consideration of the defendant's age, sex, environment, family relationship, motive and circumstance of drinking, etc. and all of the sentencing conditions identified in the course of the trial of this case, the punishment as ordered shall be determined.

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