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(영문) 의정부지방법원 고양지원 2021.02.17 2021고단22
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On October 11, 2007, the Defendant received a summary order of KRW 2,50,000,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act on January 9, 208.

On September 2, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act by the same court.

On April 14, 2017, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic law in the same court, and completed the execution of the sentence on May 12, 2018.

On December 11, 2020, the Defendant driven the Cenz GLC car with approximately 0.177% alcohol content among blood while under the influence of alcohol from approximately 6 km to the parking lot for the apartment building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a written statement in the protocol concerning the examination of the police officers against the accused;

1. An inspection report on actual condition, a statement on the circumstances of a driver driving, and a notice of the results of regulating drinking;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes, such as a reply to inquiry, personal confinement status, summary order, etc., such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act shows the form in which the defendant acknowledges and reflects the crime.

However, even though the defendant has been punished for drinking driving, he/she again drives drinking again during the period of repeated crime even though he/she has been punished five times.

The drinking volume of the instant crime is extremely high and the distance of driving under the influence of alcohol is also long.

After the defendant paid a contact accident, the defendant left the site.

The age, occupation, family relationship, and crime of the defendant.

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