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(영문) 의정부지방법원 2019.11.27 2019고단3844

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 10, 2018, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek site.

On September 4, 2019, at around 23:10, the Defendant driven a C-A-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident site photograph;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgment documents on driving sound), application of Acts and subordinate statutes on judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, while driving in the state of 0.165% alcohol concentration in the blood of the vehicle, it has caused an accident that shocks the centralized separation zone of the road.

However, it is more favorable to the fact that the defendant recognized the crime, accepted the damaged central separation zone at his own expense, received hospital treatment in order to overcome the existence of alcohol, etc., and that social ties seems clear, such as the fact that many people of the defendant's wife wanted the wife, etc.

The punishment as ordered shall be determined by comprehensively taking into account 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 record.