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(영문) 의정부지방법원 고양지원 2019.05.31 2019고단622

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 8, 2012, the Defendant was sentenced to a fine of KRW 3 million for the crime of violation of the Road Traffic Act at the Jeonju District Court on August 8, 2012, and was sentenced to a fine of KRW 2 million for the same crime at the Seoul Southern District Court on April 12, 2016, and had been sentenced to a fine of KRW 2 million or more for the same crime, but on March 2, 2019, the Defendant driven a vehicle of approximately 3 km from around 02:30 meters to the same day from the day before the day of the intercomponing restaurant in Yangyang-gu, Yangyang-gu to the front day of the same Gu B at around 03:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous for judgment: Application of criminal records, etc., inquiry reports and investigation reports (applicable before and after three-year period during which a sound driving is conducted), and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentence as ordered shall be determined by comprehensively taking account of the following circumstances: the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; the blood alcohol concentration of the instant case; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the crime was committed.