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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단629
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 6, 2006, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking), etc. in the support of the Korea Coast Guard, on August 7, 2007, by imprisonment with prison labor for a violation of the Road Traffic Act (drinking) at the Incheon District Court on August 7, 2007, and one year of suspended execution. On January 25, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking) and two years of suspended execution on January 25, 201.

On February 24, 2016, the Defendant driven a car c with alcohol content of 0.207% in blood from the section from the same city and Dong and Dong roads to the Dong and Dong roads in a state of under the influence of alcohol on the roads in Geum-dong, Sin-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiry into criminal history, judgment attached to investigation reports, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act that the Defendant, while making it difficult for him/her to engage in economic activities, may be considered to support his/her parent and his/her dependent.

However, even though the Defendant had a large number of alcohol driving and non-licensed driving records, including two times of suspended execution, he/she went to commit the instant crime in the state of drinking alcohol concentration of 0.207% in blood without any special reason.

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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