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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1487

도로교통법위반(음주운전)등

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

On January 30, 2008, the Defendant was sentenced to a fine of KRW 700,00,000,000 as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 14, 201, a fine of KRW 2,50,000,000 as a case of the same crime from the Goyang Branch of the Jung-gu District Court on December 14, 201, and a fine of KRW 3,00,000 as a case of the same crime in the Goyang Branch

On May 29, 2019, at around 22:25, the Defendant driven a motorcycle 49c motor bicycle that did not purchase a motor bicycle mandatory insurance in the state of alcohol concentration of approximately 0.185% at the section of about 2 km from the front of the sexual harassment station located in the Triririth to the front road of the building B, in the direction of about 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for the same kind of crime, and that the blood alcohol level at the time of drunk driving is high is disadvantageous.

However, considering the favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, the fact that there is no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.