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(영문) 의정부지방법원 고양지원 2018.05.31 2018고단1000
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant was driven under the influence of alcohol level of 0.097% on February 22, 2018, when the Defendant was under the influence of alcohol level of 0.097% on the blood alcohol level of 0.097% on around 22:45, as a crime of violating road traffic laws (driving), at the Jung-gu District Court on April 5, 2018.

received a summary order.

On October 18, 2018, the Defendant driven a FW car at approximately 200 meters in front of the E management office distance located in D from the front of the Dong-gu building in Yongsan-gu, U.S., Ilyang-si while under the influence of alcohol content of 0.151% in blood around 01:10.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident scene report, a report on the situation of the driver placed in the main place, an investigation report (accident circumstances), the closure of the accident image, inquiry into the results of crackdown on drinking, and the ledger of driver's licenses;

1. References to inquiries, such as criminal history, reports on investigation, and summary orders; application of the report on investigation and copies of the summary order;

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 (hereinafter referred to as the following favorable circumstances among the reasons for sentencing) are as follows: (a) the Defendant was sentenced to imprisonment for a special assault on November 17, 2016 and was under the suspension of execution two years; (b) the Defendant was under the suspension of execution on June; (c) the Defendant was under the control of two times due to a violation of the Road Traffic Act (dacting driving); and (d) the Defendant again committed the instant crime under the control of a violation of the Road Traffic Act (dacting driving) around February 12, 2018; (c) the alcohol concentration in the blood alcohol level at 0.151% at the time of the instant crime, entering the road opposite to the direction of the proceeding, causing a traffic accident, causing a traffic accident, and thus, the Defendant was under the control of the instant case.

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