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(영문) 의정부지방법원 2019.02.13 2018고단5188

도로교통법위반(음주운전)

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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 November 26, 2008, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on November 26, 2008, and on April 2, 2010, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

On December 6, 2018, at around 04:15, the Defendant driven a motor vehicle Ewing-III with a blood alcohol concentration of about 0.153% in a section of approximately 300 meters from the street in front of the Gyeonggi-si B to D in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was punished for drunk driving even before.

Nevertheless, the crime of this case was committed while driving under the influence of 0.153% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age and environment of the defendant, the criminal record, the background of the detection, and the advice and behavior immediately after the detection of the crime, the punishment as ordered shall be determined.