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(영문) 의정부지방법원 고양지원 2019.02.21 2019고단19

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2012, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and on October 16, 2014, the Defendant was sentenced to a suspended sentence for six months by imprisonment with labor for a violation of the Road Traffic Act.

On November 28, 2018, around 23:48, the Defendant driven a public parking lot in front of the public parking lot located in Geumju-dong, from the road to the oil route in front of the same city glass, with approximately 10km water level of about 0.103% alcohol level, while under the influence of alcohol level of about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries into criminal records, investigation reports, and copies of each written judgment;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Act on the Selection of Criminal Crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant again committed the instant crime even though he/she had a record of criminal punishment three times including suspended sentence of imprisonment due to the instant crime of violation of the Road Traffic Act (i.e., a favorable one among the reasons for sentencing). The Defendant, while driving the instant crime, has no reason to take special account of the circumstances leading up to the instant crime, and the Defendant is a crime that may cause serious damage to the life, body, or property of another person as well as his/her own, and that there is a need to punish the corresponding punishment against the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case shall be comprehensively considered.