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(영문) 의정부지방법원 2019.05.14 2019고단637
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 11, 2011, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by a district court of the Jung-gu on February 11, 201, and on July 8, 2015, the defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act and was sentenced to a suspended sentence of 2 or more times for a violation of the Road Traffic Act.

At around 22:50 on January 23, 2019, the Defendant driven a e-learning car under the influence of alcohol content of about 0.143% from the 200-meter section from the front of the C convenience store located in Scheon-si B to the D front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding the crime of this case, Article 148-2(1) of the Act on the Selection of Penalty, Article 44(1) of the Defendant’s reason for sentencing choice of imprisonment without prison labor again commits the crime of this case even though the Defendant had committed several same criminal records, including the previous criminal records of probation, which are the most recent criminal records, the punishment as ordered shall be determined by taking into account the Defendant’s blood alcohol concentration, Defendant’s age, character and behavior and environment, motive, means and consequence of the crime

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