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(영문) 의정부지방법원 2016.06.02 2016고단469
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 16, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on February 15, 2016, the Defendant issued a summary order of KRW 7 million for the same crime at the same court.

The Defendant, as seen above, driven under the influence of alcohol on January 6, 2015 and November 15, 2015, thereby violating Article 44(1) of the Road Traffic Act. On December 25, 2015, at around 10:31, the Defendant driven a BM7 car in the direction of about 1145 km from 103-1 to 140% of alcohol content during blood alcohol in the 5km section of approximately 0.140% while under the influence of alcohol in the 5km area from the 5km to the Taebong Park in Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history and investigation reports (reports on the results of confirmation of previous convictions of the disposition, attachment of identical crimes, confirmation of summary orders) shall apply to statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantity is a convenient means of transport, but since it is a dangerous object that may change with a deadly weapon at any time, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state, and even if the defendant is obliged to operate a motor vehicle with due care, it is inevitable to sentence a sentence because the defendant repeatedly drives a motor vehicle within a short period

In addition, the sentencing conditions specified in pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.

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