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(영문) 의정부지방법원 고양지원 2017.08.10 2017고단1664
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 17, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) in Gyeyang Branch of the Jung-gu District Court on March 17, 2015; on December 23, 2014, a fine of two million won was sentenced for the same crime in the same court; and on January 4, 201, a fine of one million won was sentenced for the same crime in the same court.

[Criminal facts] On May 26, 2017, the Defendant operated a vehicle C under the influence of alcohol content of about 500 meters from the front day of the Dong dong dong dong dong dong shopping center to the front road of the same Dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong Do with alcohol content of about 0.143%.

Accordingly, even though the Defendant violated the provision prohibiting driving under the influence of alcohol more than twice, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal history, investigation report (report attached to the same case's judgment, etc.), and text of judgment;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, and Article 148-2(1)1 of the Act on the Selection of Punishment, and Article 44-2(1) of the same Act have three times the career of being punished for driving under drinking, and in particular, since the period of probation has not elapsed since the Defendant was sentenced to a suspended sentence due to driving under drinking and was again committing the instant crime, it is inevitable to sentence the Defendant to be sentenced.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the background, distance, and amount of alcohol concentration in blood.

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