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(영문) 의정부지방법원 2019.02.20 2018고단5333
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on October 29, 201, and on June 22, 2017, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

around 03:00 on October 9, 2018, the Defendant driven B 9 automobiles while under the influence of alcohol content 0.130% of alcohol while driving approximately approximately 300 meters in the direction of “an adjacent road to peace in the same city from the road to peace.”

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual survey report on traffic accidents;

1. Accident site and vehicle photograph;

1. Response to the request for appraisal;

1. A closure of CCTV image data;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to a report on criminal investigation (the fact that the period of collection is in existence, the confirmation of the same kind of power) after checking the results of the drinking driving control (A-Control Data), criminal records, etc.;

1. Relevant Articles of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that have been punished several times for the same kind of crime, such as drunk driving, etc., even before the reason for sentencing of the punishment is completed;

In particular, in 2017, even though he was sentenced to the suspension of the execution of imprisonment due to the crime such as drinking and unlicensed driving, and was in the suspension of the execution, he/she caused a contact accident where he/she concealed the back of a vehicle in front of the signal atmosphere while driving in the state of drinking alcohol concentration of 0.130%.

It is necessary to strictly punish the accused with a high possibility of criticism.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the accident caused by the defendant is relatively minor, and that the defendant supports the old who is not good in the state of health.

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

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