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(영문) 의정부지방법원 2018.11.20 2018고단3863

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 5, 2018, the Defendant driven a DNA cruise car with a alcohol content of 0.090% from approximately 2 km to the new walk road located in 169 to a citizen of the same city, from the road before the Kandong, which was in the city of the government around 22:42 on September 5, 2018, where it is impossible to identify the trade name in the city of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. The provision of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

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

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed four times before drinking alcohol drivers, and repeated driving of the instant drinking even though the Defendant had been subject to suspended sentence on one occasion due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles).

However, the punishment shall be determined by comprehensively taking into account the following circumstances: (a) three times, excluding one time among the blood alcohol driving, which exceeds a fine; (b) a long-term previous offense; (c) the Defendant reflects the instant offense; (d) alcohol concentration in blood at the time of the instant case; and (e) other conditions of sentencing prescribed in Article 51 of the Criminal Act.