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(영문) 의정부지방법원 2018.11.06 2018고단3551

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 14, 2010, a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 14, 201, and a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 16, 2015, respectively.

On June 19, 2018, the Defendant driven B SP car under the influence of alcohol content of approximately 0.087% during blood at around 110 Samsung Digital Fladon roads at the same time-based end of the same time at Sinsidong, Sinsidong on the same date.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions and results confirmations, to reported statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The instant crime on the grounds of sentencing under Article 62-2 of the Criminal Act for the protection and observation and order to attend a lecture was found to have occurred without being limited to a mere driving of drinking, resulting in a traffic accident and led the Defendant to four times prior to driving under the influence of drinking.

However, a punishment shall be determined by comprehensively taking into account the following factors: (a) the Defendant reflects the instant crime; (b) the amount of alcohol content at the time of the instant case is relatively less than 0.1%; (c) the amount of alcohol content at the time of the instant case is not less than 0.1%; and (d) the amount of alcohol content at the time of suspension of execution or higher; and (e) the amount of alcohol content at the blood