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(영문) 의정부지방법원 2018.09.14 2018고단2792
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant driven D Cor or a car under the influence of alcohol with approximately 0.187% alcohol concentration from around 3.6 km section from the front of C in Yangju-si, Yangju-si, to the front road at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions pertaining to criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment is convenient means of transport. However, since a motor vehicle is a dangerous article that may change by a dangerous weapon, a person who operates a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In the instant case, the Defendant’s blood alcohol content was relatively high by 0.187%, and thus, the risk of traffic accident was also high.

The illegality of the crime of this case is serious.

In addition, on July 11, 2017, the Defendant was sentenced to 9 months of imprisonment due to a violation of road traffic law (drinking driving), etc. at the District Court of the Jung-gu District on July 11, 201, and was sentenced to 2 years of suspended execution on July 19, 2017, and again committed the instant crime during the suspended execution period.

If the criminal records of this case show the criminal records of this case, it is judged that the punishment against the defendant is not effective to prevent the recidivism of the defendant, and it is necessary to punish the defendant with heavy punishment in order to achieve the special preventive effect against the defendant.

Therefore, the defendant will be sentenced to punishment, and the defendant recognizes all of the crimes of this case and reflects it.

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