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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단2644
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 9, 2012, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on January 9, 2012, and imprisonment with prison labor for 6 months and 2 years for suspension of execution on October 24, 2012.

On August 15, 2016, at around 00:13, the Defendant driven B twitter freight under the influence of alcohol concentration of about 0.081% from a distance of about 3 km from the roads near the Sari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a history of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Photographs;

1. Application of statutes, such as written judgments and inquiry reports;

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 potential risk of driving under the influence of alcohol on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation, the record of the punishment of traffic crimes including the criminal defendant who was sentenced to a suspended sentence as stated in his/her judgment (four-time driving under the influence of alcohol and four-time driving under the influence of alcohol), and the heavy punishment is required in light of the gap between the date of the immediately preceding detection and the date

However, the fact that the defendant's mistake appears, and that the accident was not caused, shall be considered as a favorable condition to the defendant.

In this context, comprehensively taking into account the degree of alcohol value of the instant case, the Defendant’s age, character and conduct, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, circumstances after the crime, etc., the sentence as ordered shall be determined.

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