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(영문) 의정부지방법원 2018.08.31 2018고단2729

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic law in the support for the safeness of the source method of water source, and on October 15, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Jung-gu District Court on October 15, 2013, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act on two or more occasions.

On March 13, 2018, the Defendant driven a C-crare car at the front parking lot of B-Sacheon-si, Dongbcheon-si, with alcohol level of 0.260% while under the influence of around 19:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Application of an inquiry letter, such as criminal history, and an investigation report (attached report, such as a copy of the summary order) statute;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Education was that the Defendant’s blood alcohol concentration was very high as 0.260% at the time of the instant crime, and accordingly, the risk of traffic accidents was also high.

In fact, the Defendant committed a traffic accident that causes the collision of a vehicle located behind the Defendant’s vehicle by wrong operation of a motor vehicle speed while driving the motor vehicle, thereby realizing the above risk, so there is a high illegality.

In addition, the defendant has been punished for drinking three times in the past.

In particular, on October 15, 2013, the Defendant again committed the instant crime even though he had been sentenced to a suspended sentence of two years in the six-month period of imprisonment with prison labor due to a violation of road traffic law (drinking) by the Jung-gu District Court.

Therefore, heavy punishment is needed to achieve the special preventive effect against the defendant.

However, the defendant recognizes all of the crimes of this case and reflects on it.