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(영문) 의정부지방법원 2018.09.19 2018고단2353

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 March 19, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court on March 19, 2009. On January 27, 2011, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on January 27, 201, and the record of

On March 28, 2018, the Defendant driven BPoter-II cargo vehicles with approximately 0.13 percent alcohol content at a section of about 200 meters from the vicinity of the school building located in the Gugri-si, Sigri-si to the front road located in the Gugri-si, Sigri-si, Dori-si, 97-7 (Spori-dong) at around 97-7 (Spori-dong), while under the influence of alcohol content at around 0.13 percent.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, an investigation report (to be bound with the copies of the previous summary order concerned), a summary order No. 2009 high-ranking 5352 high-ranking 209 high-ranking 5352 high-ranking 201 high-ranking 489 high-ranking 489 high-ranking cli

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 has been sentenced to a fine due to drinking, so the Defendant is obliged to sentence 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: