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(영문) 의정부지방법원 고양지원 2019.01.03 2018고단2828

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2018, the Defendant driven D-wing Cargo Vehicle while under the influence of alcohol level of 0.2% at C in the front road located in Pakistan at the time of Pakistan on October 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a survey report on actual condition, field photographs, reports on the actual state of a drinking driver, and reports on the results of the crackdown on drinking driving (A);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act for discretionary mitigation (a favorable condition among the reasons for sentencing) is that the Defendant again committed the instant crime even though he had the record of three times criminal punishment, including the suspension of the execution of imprisonment for a crime of violation of the Road Traffic Act (hereinafter referred to as “violation of the Act”). At the time of the instant crime, the blood alcohol concentration at the time of the instant crime is higher than 0.2%, and the risk of drinking driving has been realized, such as shocking the parked vehicle, and there is no special circumstance to consider when the Defendant was driving at the time of the instant crime, and the driving of drinking is a crime which may cause serious damage to the life, body, or property of another person, and there is a need to punish the Defendant accordingly.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.