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(영문) 의정부지방법원 고양지원 2018.06.21 2018고단846
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 22, 2007, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court, and KRW 5 million as a fine from the Jung-gu District Court Goyang Branch on February 20, 2014.

[2] On March 16, 2018, Defendant 1, who had a drinking alcohol driving force twice or more as seen above, driven a C-ro cruise car under the influence of alcohol concentration of about 0.097% in the section of about 5km from the 5km-gu, Seo-gu, Busan-si, Seoul-si, to the ground of underground roadway, as long as it was located in the Dong of the P-ri city from the day of P-riju to the day of P-riju.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

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 Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, recognized the instant crime and reflects his mistake.

After the crime of this case, the Defendant sold a vehicle and did not repeat the vehicle in the future.

The spouse of the defendant was under emergency medical treatment at the hospital due to the day of the instant case, and was able to look back to the defendant's house because he did not seem to have a sudden eye, and was requested by the defendant to drive the vehicle inevitably, the spouse of the defendant wanted to take the front line against the defendant.

However, prior to the instant crime, the Defendant already committed the same kind of crime without being aware of, and again committed the instant crime, despite the fact that he had been sentenced to a fine not exceeding five times due to drinking driving (four times) or to a suspended sentence of imprisonment (one time).

It is necessary to punish defendants who repeat the same mistake more strictly.

The date of the instant case.

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