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(영문) 의정부지방법원 고양지원 2018.09.20 2018고단1677
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On January 6, 2014, the Defendant received a summary order of KRW 7,000,000 from the Seoul Western District Court on the grounds of a violation of road traffic law (driving), and on September 8, 2015, the same court was sentenced to a fine of KRW 10,000,000 due to a violation of road traffic law (driving) and was sentenced to a fine of KRW 10,00,00.

[Criminal facts]

1. On June 8, 2018, the Defendant, while under the influence of alcohol level of 00:30% from blood transfusions on June 8, 2018, the Defendant driven a car with C straw in the section of approximately 500 meters on the front of the middle school located in the same Mabdong-gu, Seoyang-si from the Do in front of the “ Points car page” located in the same Mabdong-gu, Yangyang-si.

2. On June 9, 2018, the Defendant was under the influence of alcohol level of 0.244% in blood around 19:01 on June 9, 201, and the Defendant driven the said low-speed car at the 7km section in Eunpyeong-gu Seoul up to the road located in the 22km-ro, Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at each driving school, notification of the results of crackdown on the driving of alcohol, and investigation report (report on the circumstances of the driver at each driving school);

1. A report and a receipt of the investigation;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and statutes (Attachment to the previous and summary order, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, both recognized the instant crime and against his mistake.

The defendant's scam appeal against the defendant, and the defendant is also suffering from recidivism by receiving treatment for alcohol addiction in the future.

However, before committing the instant crime, the Defendant had been punished four times as a fine or more due to drinking driving.

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