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(영문) 의정부지방법원 고양지원 2017.07.06 2017고단1279
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), and on May 13, 201, the Defendant received a summary order of KRW 3 million for the same crime from the subsidiary branch of the Incheon District Court on May 13, 201, and on June 24, 201, the same court received a summary order of KRW 7 million as a fine for the same crime, and on April 25, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime at the Seoul District Court on April 25, 201, and the said judgment became final and conclusive on May 4, 2017.

On March 1, 2017, the Defendant driven a Maz car under the influence of alcohol concentration of about 0.242% in a section of about 500 meters from the front of the “two-lane Mawn” road located in Seoyang-gu Seoul, Seoyang-gu, Seoyang-gu, Seoul to the front of the string-ro 534-4, the Defendant driven a Maz car under the influence of alcohol concentration of about 0.242% in blood.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same criminal record and confirmation of the suspect), summary order, etc.;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume, driven the second alcohol since 200 as the instant crime.

In particular, the Defendant committed the instant crime after being discovered while driving a drinking on February 28, 2017.

The alcohol concentration in blood reaches 0.242%.

However, the principle of equity is against the defendant, and the judgment is judged at the same time with the previous conviction.

In addition, the age, sex, family relationship, motive and circumstance of the crime of the defendant.

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