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(영문) 의정부지방법원 고양지원 2015.03.20 2014고단2638
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On July 29, 201, the Defendant was issued a summary order of KRW 3 million by committing a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on July 29, 201; and on January 4, 2011, the same court issued a summary order of KRW 1 million by committing a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 26, 2014, at around 00:01, the Defendant driven a 30-meter-on-road in the gold village in the Geumju-si, Geumju-si, under the influence of alcohol with approximately 0 meters alcohol concentration of 0.150%.

Summary of Evidence

1. A traffic accident occurrence report;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (Article 148-2 (1) of the Act on the Punishment of Criminal Crimes and Article 148-2 (1) of the Road Traffic Act (Article 148-2 (1) of the same Act) (Article 148-2 (1)

1. Sentence of a sentence is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that there are many past forces of the same kind and similar in the past; (b) the blood alcohol concentration is high; and (c) the occurrence of an accident due to a drunk driving and the denial of the crime, etc.

However, a sentence was imposed in consideration of the fact that the distance of the vehicle is not far away, the defendant's gender, age, occupation, economic situation, etc.

It is so decided as per Disposition for the above reasons.

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