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(영문) 의정부지방법원 2018.10.01 2018고단2091

도로교통법위반(음주운전)

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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

On October 27, 2008, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court (Seoul Northern District Court), and on July 9, 2014, upon receiving a summary order of 7 million won for a violation of the Road Traffic Act (drinking driving), the Defendant was issued by the Seoul Northern District Court to the summary order of 7 million won for a violation of the Road Traffic Act.

On April 15, 2018, at around 01:29, the Defendant driven a Cchip car under the influence of alcohol content of about 0.13 percent in a section of approximately 100 meters from the 178-meter radius in front of the base distance located in the city of Jung-si, the Government from the border to the 178-day city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Inquiries about the results of crackdown on driving alcohol (three times);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, an investigation report (to be bound with a copy of the previous summary order), a summary order No. 6753 high-level assistance in Seoul Northern District, No. 2008 high-level assistance and summary order No. 29084 high-level assistance in 2008 high-level assistance;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant continues to drive drinking, even though he/she was sentenced to a fine due to drinking alcohol driving, so the defendant shall be sentenced to imprisonment with prison labor.

However, the defendant has no criminal record of suspended execution or more, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances before and after the crime of this case, and other sentencing conditions as shown in the arguments of this case shall be determined as ordered by taking into account the following factors: