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(영문) 의정부지방법원 2018.06.27 2017고단4584
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On September 6, 2012, the Defendant was sentenced to a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), and on January 16, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months due to a violation of the Road Traffic Act (drinking refusal to measure drinking), and on January 15, 2015, the Defendant was sentenced to a suspended sentence of six months due to a violation of the Road Traffic Act (drinking) at the Suwon District Court’s House, and on May 28, 2015, the sentence of the suspended sentence became final and conclusive, and the execution of the final sentence was completed at the Ansan Prison on July 24, 2016.

[2] On July 17, 2017, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) driven a two-way apartment in front of the two-way apartment in the Seosan-dong of Busan on July 17, 2017 and driven a two-way car under the influence of alcohol level of about 800 meters from the 800-meter section to the front road of the Dongsan-dong.

Application of Statutes

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Previous convictions: Application of Acts and subordinate statutes concerning response to inquiries, such as criminal history, reports on investigation (verification during the same criminal record and the period of repeated offense), copies of judgments, etc., and current status of expropriation of individuals;

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

1. Period of punishment by law: Imprisonment with prison labor for one year to six years;

2. Determination of sentence: Imprisonment with prison labor for one year, the defendant was sentenced to a suspended sentence or a sentence for a violation of the Road Traffic Act, such as a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act, and it is inevitable to sentence sentence as he/she once again drives under the influence of alcohol, even though he/she is currently serving

다만 이 사건 음주 운전 경위( 음주 후 택시를 타고 이동하였다가 차에 핸드폰을 두고 와서 다시 돌아와 술이 어느 정도 깼다고

I think of and drive the driving, and the driving distance is driving.

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