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(영문) 의정부지방법원 2016.12.08 2016고단3183
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 14, 2014, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the District Court of the Republic of Korea on April 14, 2014, and was sentenced to a fine of three million won by the same court on July 30, 2014.

On March 18, 2016, at around 23:10 on March 18, 2016, the Defendant driven C Lata car with approximately 500 meters alcohol concentration 0.138% alcohol level from the front day of the Mapo-gu Mapo-gu Mapo-gu Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si to the front day of the Mapo-si Bank

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Previous records: Application of criminal records and investigation reports (judicial records of the same kind driving) and Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a convenient means of transportation. However, since the reason for sentencing is a dangerous article that can be inferred by a dangerous weapon, a person operating an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

In light of the fact that the Defendant had already been punished twice due to drunk driving, the Defendant was sentenced to imprisonment for three years on October 14, 2015 for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and carried out drinking driving of this case during the suspended execution period, and the Defendant again committed the crime of this case without being aware of the fact that he/she had dependents in the above case, etc., it is inevitable to punish the Defendant even if considering the fact that he/she had dependents.

The age, character and conduct of the defendant;

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