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(영문) 의정부지방법원 2016.07.21 2016고단847
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 1, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 13, 201, and was sentenced to a fine of four hundred and five hundred thousand won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 13, 2013, and on October 2, 2013, the Defendant was sentenced to a fine of six months for a violation of the Road Traffic Act at the Jung-gu District Court on March 2, 2013, and was sentenced to a suspension of execution two years for a violation of the Road Traffic Act at the Jung-gu District Court on February 7, 2014, and on May 23, 2014, the period of the suspension of execution was expired after the sentence was executed on December 24, 2014 and on February 9, 2015.

The Defendant driven a motor vehicle under the influence of alcohol on May 28, 201, March 12, 2013, June 12, 2013, and November 5, 2013, and violated Article 44(1) of the Road Traffic Act on at least two occasions, and driven a B SP motor vehicle under the influence of alcohol on the 3km section of approximately 0.090% of alcohol during blood, on February 10, 201, at around 23:15, the Defendant: (a) driven a motor vehicle under the influence of alcohol on the 3km section of approximately 0.090% of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (reports on previous convictions and results of confirmation of previous convictions of the disposition, and reporting of previous convictions

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

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate small quantities: Automobiles are convenient means of transportation, but since they are dangerous goods that may be prone by a dangerous weapon, a person who operates a motor vehicle is granted a license, and is obliged to operate a motor vehicle with due care in normal conditions.

In particular, drinking driving is very important.

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