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(영문) 의정부지방법원 고양지원 2018.02.08 2017고단3821
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the Gyeyang Branch of the Jung-gu District Court on December 18, 2013. On November 28, 2014, the Defendant was sentenced to a suspended sentence of eight months for a crime of violation of the Road Traffic Act (driving of Drinking), etc. in the same court under the suspended sentence. On April 13, 2015, the sentence of the suspended sentence was invalidated on the ground that the said judgment became final and conclusive, and on April 20, 2016, the execution of the said sentence was completed.

[2] On December 18, 2013, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the Gyeyang Branch of the Jung-gu District Court on December 18, 2013. On November 28, 2014, the Defendant was sentenced to a suspended sentence of eight months for a crime of violation of the Road Traffic Act.

Nevertheless, on September 28, 2017, the Defendant driven D’s car at the front section of about 10 meters of the way in front of the C in Soyang-gu, U.S., U.S., U.S., under the influence of alcohol level of 0.185% during blood transfusion around 20:00.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same criminal record and confirmation of suspect), and application of Acts and subordinate statutes on personal confinement;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant has been punished nine times, including the punishment (three times) for violating the Road Traffic Act from 2000.

Nevertheless, the defendant committed the crime of this case during the period of repeated crime due to the violation of the Road Traffic Act.

The alcohol concentration in blood is not low.

(b).

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