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(영문) 의정부지방법원 고양지원 2019.10.02 2019고단2091

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On August 7, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 2,50,000 as a fine for the same crime from the Jungyang Branch Branch of the Jung-gu District Court on September 1, 201, and on February 11, 2014, a summary order of KRW 5,00,00 as a fine for the same crime.

【Criminal Facts of Crimes】 On July 6, 2019, the Defendant driven a FK 3 vehicle while under the influence of alcohol with about 0.102% of alcohol concentration at approximately 50 meters from the road front of the C Station located in Pakistan-si B to the front road located in D at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of three copies of a summary order;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine on three occasions due to drunk driving, but re-driving.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct