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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단154
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Seoul East District Court on January 23, 2015. On September 1, 2016, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and on September 9, 2016, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 6 months for a crime of violating the Road Traffic Act (driving), and the said judgment became final and conclusive on September 2016.

Although the Defendant had been punished for drinking two or more times, on December 24, 2016, at around 05:05, the Defendant driven C-Woo vehicle under the influence of alcohol concentration of about 0.054% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the Sinsan-dong B-dong church located in the same Gu and Jungsan-dong from the front side of the Sinsan-dong, Seo-gu, Busan-gu, Busan-do, to the blind road of about 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the drinking, report on the circumstances of the driver driving on the driving on the drinking, notification on the result of regulating the driving on drinking, details of revocation of driver's license

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (a summary order, attachment of a text of judgment), summary order, and application of statutes in Part III of judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is that the amount of alcohol concentration among the blood of this case is relatively low, and the defendant is a disabled person in depth against the crime of this case.

However, the defendant has three times the records of punishment for drinking driving.

In particular, the instant crime was committed during the period of suspension of execution even if the license was revoked due to the violation of the Road Traffic Act (drinking) around September 2016 and the suspended sentence was issued.

other than that.

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