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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단1641
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to a fine of two million won on September 13, 2007 for a violation of road traffic law (drinking driving), on June 17, 2008 at the same court on the same charge, and on May 27, 2010 at the same court on the same charge, two years of suspended execution in April, and on July 20, 2012 at the same court, one year of suspended execution for the same crime, etc.

The Defendant, who violated Article 44(1) of the Road Traffic Act on at least two occasions, driven the ENA Simp vehicle at approximately 50 meters in front of the same ew-si Mabadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si under the influence of alcohol content of at least 0.13% on May 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on quasi-driving, notification of the results of crackdown on drinking driving, and a situation report on the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount are the circumstances favorable to the defendant that recognized the crime of this case and reflects his mistake.

On the other hand, the fact that the amount of alcohol concentration among the blood of the defendant is not low, and the defendant had been punished several times for the same crime, including the criminal records of two suspended executions, but again led to the crime of this case that is disadvantageous to the defendant.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

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