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(영문) 의정부지방법원 고양지원 2014.08.22 2014고단754
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 9, 2007, the Defendant was sentenced to a fine of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Incheon District Court, and on July 17, 2013, the Defendant was sentenced to a fine of 4 million won due to a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

On April 11, 2014, the Defendant, while under the influence of alcohol of 0.082% of blood alcohol concentration, driven a DNA body-man car from approximately 200 meters away from the front of the cafeteria of the "Yuyang" restaurant in the ancient city to the front of the 8 complex of the light village, as long as he was located in the Puju City-si Dong-dong, in the direction of the 00-meter alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual status of a host driver;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even if he/she was sentenced to a fine and a suspended sentence on several occasions by force similar to the previous type of crime in the past, the Defendant is not aware of the risk of drunk driving, and the risk of recidivism is high. Therefore, it is inevitable to sentence the Defendant’s imprisonment.

However, the sentence was determined by considering the age, family relationship, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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