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(영문) 의정부지방법원 2018.10.12 2018고단3547

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 25, 2014, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act from the Jung-gu District Court on June 19, 2015.

On April 13, 2018, around 07:53, the Defendant driven a B-A5 vehicle with approximately 150 meters alcohol content 0.152% while under the influence of alcohol in the blood, as Gangnam-gu Seoul, from the street of 415 in front to the street of 399 in Seocho-gu, Gangnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol among bloods;

1. Previous convictions in judgment: Inquiry about the results of crackdown on driving of alcohol, response to inquiries, such as criminal history, reporting on the previous convictions in each disposition, reporting on the results of confirmation, and the application of each written summary order;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has the record of punishment for drinking driving even before the defendant was punished.

Nevertheless, the driver was driving in the state of drinking concentration of 0.152% during the re-motor vehicle's blood, and in the process, the driver was locked during the signal waiting time from the Handop on the road in Gangnam-gu Seoul Metropolitan Government.

The Defendant did not cooperate with the investigation, such as attempted to flee immediately after detection and refusing the request for measurement of drinking thereafter twice.

The possibility of criticism against the defendant is high.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.