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(영문) 의정부지방법원 고양지원 2017.12.27 2017고단3478
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant issued a summary order of a fine of 2.5 million won for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on November 9, 2010, and on March 21, 2014, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on March 21, 2014, and was sentenced to a suspended sentence of two or more times.

Nevertheless, on November 14, 2017, around 16:45, the Defendant driven CA car in the state of alcohol alcohol concentration of about 0.23% from the 1km section to the front road of the Child Care Center, located in the same Eup/Myeon-ro 73, such as the 17:00 on the same day from the Do in front of the 17:00-5, the end of the evidence that the Defendant driven C car in the state of alcohol content of about 0.23% from the 1km section of the blood alcohol content to the roads of the Child Care Center.

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. A written appraisal of alcohol concentration in the blood;

1. Previous convictions: References to inquiries, such as criminal history, written judgments attached to investigation reports, application of summary orders and other Acts and subordinate statutes;

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

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small quantities are as follows: (a) the Defendant, including the record of suspended execution, was driving at least twice, and (b) was driving at the same time without any justifiable reason despite the fact that he/she had been driving at least twice

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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