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(영문) 의정부지방법원 고양지원 2016.06.24 2016고단1209
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 28, 2008; on July 28, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the same court; on March 30, 2012, the Defendant was sentenced to imprisonment of KRW 8 months for the same crime at the Seoul Southern District Court and two years for suspended execution.

On April 30, 2016, at around 22:00, the Defendant driven a DNA driver car with a alcohol content of about 8 km from the front of the mutual influence point located in the high village Eup of the Kimpo-si, Kimpo-si to the river front of the Goyang-gu, Seoyang-gu, Goyang-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol under the Road Traffic Act, even though he/she has violated the duty of prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Inquiries about criminal history, judgment attached to investigation reports, application of the statutes governing summary orders;

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

1. Many of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities shows an attitude against the Defendant by having the Defendant complained of the Defendant’s prior position and selling the Defendant’s Indian vehicle and not driving the vehicle again.

However, it is clear that the defendant, even though he had a history of drinking driving on several occasions, including a suspended sentence, has been driving a drinking, and thereby has caused serious danger to the safety of road traffic.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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