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(영문) 의정부지방법원 2016.06.23 2016고단1227
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On November 3, 2006, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on November 3, 2006, to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on February 1, 2008. On February 19, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on February 19, 2009. On March 22, 2013, the Defendant was sentenced to a suspended sentence of KRW 10,000 for a crime of violating the Road Traffic Act (driving).

On October 4, 2006, December 18, 2007, July 8, 2008, and September 24, 2012, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On April 11, 2016, the Defendant driven a cruise motor vehicle under the influence of alcohol from approximately 3 km to the front of the sampling distance in the same Si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si in the influence of alcohol content of approximately 0.16% during the blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities are convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

It is inevitable for the defendant to repeat his punishment even though he has already been punished several times due to drinking.

In addition, the age, sex, environment, and age of the defendant;

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