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(영문) 의정부지방법원 2017.06.20 2017고단279

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On July 14, 2010, the defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court), and on October 11, 2013, the defendant was issued a summary order of 1.5 million won for the same crime.

On October 11, 2016, the Defendant driven Dsch Rexroth car while under the influence of 0.066% from around 50 meters in the adjacent road of “C gas station” located in the Government-Si of Gyeonggi-si B.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Contrary to the circumstances before and after driving of alcohol, the motive and distance of driving of the instant drinking (a maximum of 50 meters for driving an acting driver), the decision of sentencing is not relatively high in alcohol concentration in blood (0.06%) and the decision of sentencing: Other factors such as the Defendant’s age, sex, environment, motive for committing an offense, circumstances after committing an offense, etc.;