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(영문) 의정부지방법원 2018.10.10 2018고단2789

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 February 17, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act, and a fine of KRW 4 million with the same court on February 26, 2016.

On June 16, 2018, at around 20:50, he/she driven Bco-type car with approximately approximately 100 meters alcohol concentration from a mutual influent restaurant parking lot located in the Dong-dong Eup of Bupyeong-gu, Bupyeong-gu, Dong-gun to the 181 Gambro of the same military base to the 181 Gambro of the same military base.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and investigation report;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The Defendant’s reason for sentencing Article 62-2 of the Criminal Act requires strict punishment as he/she repeats driving of drinking, even though he/she has been sentenced to a fine on two occasions due to driving of drinking.

In addition, the punishment of a fine is relatively recent in 2014 and 2016, and there are three records of the punishment of a drinking driver even before 2003.

There is no circumstance that can be considered in the circumstances of drinking driving, and the alcohol concentration in blood at the time is high.

Provided, That the defendant has no previous convictions sentenced to imprisonment.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.