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(영문) 의정부지방법원 고양지원 2018.12.06 2018고단2457

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On October 24, 2006, the Defendant was sentenced to a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act (drinking) at the Seoul Southern District Court. On May 13, 2016, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking) at a high level support district court.

On September 8, 2018, the Defendant driven a BMW car under the influence of alcohol content of about 500 meters from a section of approximately 500 meters from the front of the gold village to the front side of the Agricultural Cooperative in the same city culture, from September 8, 2018, the Defendant driven the BMW car under the influence of alcohol content of 0.109%.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. The Defendant: (a) on the ground that the Defendant reported the Defendant’s drinking alcohol to the victim D on the ground that he reported the Defendant’s drinking to the 112 driver, i.e., the 94 gold village culture in the city of Pari-si, the city of Pari-si; and (b) the bit of bit of bitch, the bit of a bitch.

In a large sense, “the victim was openly insultingd.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. (A) and the application of Acts and subordinate statutes to inquiries, such as circumstantial statements made by drivers of drinking alcohol, inquiries about the results of crackdown on drinking driving, complaints, criminal records, etc. (A) and reports on investigation (report on confirmation of the same criminal records as

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) (the driving of alcohol, the choice of imprisonment, and the choice of punishment) and 311 of the Criminal Act concerning the option of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is subject to criminal punishment twice due to the crime of violating the Road Traffic Act.