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(영문) 의정부지방법원 2019.07.17 2018고단2788
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 29, 2012, the Defendant was sentenced to a summary order of a fine of KRW 7 million for a violation of the Road Traffic Act in the Chuncheon District Court's original branch on February 29, 2012, and on June 30, 2015, the same court was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on May 30, 2016.

On June 9, 2018, at around 20:45, the Defendant driven a Dunst car under the influence of alcohol content of 0.130% in the section of approximately 2 to 3 meters of blood alcohol content in the front of C in the Gyeong-gun B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, the defendant has been punished several times, including imprisonment for the same kind of crime such as drinking, driving without a license, etc. even before sentencing.

In particular, in 2015, while driving under the influence of alcohol or without a license, the accident was caused, and the sentence of imprisonment for one year was terminated as a result of the so-called crime of the so-called escape, and the execution of the sentence was committed during the repeated crime, and the accident was committed while driving under the influence of the blood alcohol concentration of 0.130% during the repeated crime period.

Even while the trial is pending, the defendant has fled and failed to faithfully comply with the trial procedure.

It is necessary to punish the defendant strictly.

However, it is advantageous to the fact that the victims' damage was not relatively serious due to the accident caused by the defendant.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age and environment of the defendant.

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