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(영문) 의정부지방법원 2019.01.11 2018고단4476
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a special assault, etc. in the Goyang Branch of the District Court, and the said judgment became final and conclusive on November 7, 2018.

On February 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act for a violation of the Road Traffic Act, etc. at a district district court of Jung-gu on February 14, 201, and was sentenced to a fine of two million won for the same crime, etc. at the district court of Jung-gu on May 14, 2014, and was sentenced to a fine of two million won or more for a violation of the Road Traffic Act.

Nevertheless, around 01:09 on June 19, 2018, the Defendant driven a Ma-ri vehicle under the influence of alcohol with approximately 10km alcohol concentration of about 0.134% from the 10km section to the D apartment near Yongsan-gu, Goyang-gu, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Notification of the control of drinking driving;

1. An accident site photograph;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the fact that a person has been punished twice or more due to sound driving), three copies of the judgment, investigation reports (verification of the fact that the person has been pending in trial), and one copy of the judgment shall be applied;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act on the treatment of concurrent crimes have increased the risk of traffic accidents by driving a motor vehicle with a relatively high level of alcohol content of 0.134%. In fact, the occurrence of traffic accidents was caused by a traffic accident that shocks the vehicle’s interscopic part, which was driven by the center line, and thus, the illegality of the crime of this case is high.

In addition, the defendant has been punished for drinking driving twice, including imprisonment in the past as before the judgment.

Among them, the Defendant was driving a motor vehicle on July 3, 2013.

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