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(영문) 의정부지방법원 고양지원 2016.01.21 2015고단3239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to a summary order of KRW 3,300,000 for a fine for a violation of road traffic laws (driving), and on December 15, 201, the Defendant was sentenced to a summary order of KRW 1,00,000 for a violation of road traffic laws in the same court on December 15, 201, and on December 14, 201, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic laws (driving) by the same court on December 14, 201.

On November 1, 2015, at around 20:50, the Defendant driven the C Spart vehicle under the influence of alcohol concentration of approximately 0.134% from the 1km section from the front spam of the gold-dong to the front spam of the same Sin-dong, and from the front spon road of the same Sin-dong to the front spon road of the same Sin-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see the reasons for sentencing) of the Act on the Reduction of Small Quantity, the Defendant had been punished for drinking for three times during the sentencing period, the fact that the above drinking driving power was committed within the last five years, and the fact that the last drinking driving power was already placed prior to the suspension of execution, and that the Defendant had once again driven the instant drinking, it is inevitable to sentence the Defendant, even if considering the following circumstances, even if having considered the following circumstances.

However, the above punishment shall be determined in consideration of the following: (a) the Defendant’s mistake was divided; (b) the Defendant was married on the day of the instant case; (c) the Defendant appears to have been driving to drink and drink after drinking; and (d) the need to support a pregnant wife.

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