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(영문) 의정부지방법원 고양지원 2019.01.10 2018고단2222
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year to imprisonment for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 22, 2015, and the execution of the sentence was terminated August 25, 2016. On June 24, 2016, the Defendant was released on March 30, 2017 while he/she was sentenced to eight months of imprisonment for a crime of fraud and was reinstated.

4. 25. The parole period expired.

【Criminal Facts】

The Defendant was sentenced to a summary order of KRW 3 million at the Seoul Western District Court on February 2, 2007 due to a crime of violation of the Road Traffic Act (LA) and fine of KRW 4 million on June 5, 2009, and fine of KRW 5 million on July 28, 2009. On February 4, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months and April 19, 201, and was sentenced to a suspended sentence of KRW 8 months for the same crime on September 22, 2015.

On July 20, 2018, the Defendant, while under the influence of alcohol at least twice, driven B car while under the influence of alcohol with approximately 0.115% of the blood alcohol concentration at approximately 27 km from the Do adjacent to the Gyeongyang-gu Gyeongyang-si, Goyang-si, Goyang-si, to the Doho-si Ho-si 1197, from the Do, which is located in the Gyeongyang-gu, Goyang-gu, Goyang-si, Goyang-si, the Defendant driven B car while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of state of state of the driver, and a report on the state of state of the driver's practice;

1. Previous convictions indicated in the judgment: Criminal history records, three copies of the judgment concerned, four copies of the summary order, investigation reports (verification of the status of completion of the execution of the sentence), personal confinement status, investigation reports (report on the binding of the judgment), application of information on the kick case to statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is to recognize the instant crime and reflect his mistake.

However, the Defendant had already been sentenced to imprisonment eight times before committing the instant crime.

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