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(영문) 의정부지방법원 고양지원 2019.06.13 2019고단927

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 13, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Busan District Court's Busan District Court's Branch. On July 13, 2016, the Defendant was a person who was sentenced to a fine of KRW 2.5 million for the same crime, and had been sentenced to a fine of KRW 2.5 million for the same crime, on at least two occasions, but on March 12, 2019, the Defendant was driving a car at Bnn in the vicinity of the 1616th Trith, the direction of the alcohol concentration of the blood alcohol at around March 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she had a history of criminal punishment twice due to the violation of the Road Traffic Act; and (b) the Defendant, in the circumstances surrounding which the Defendant was driving at the time of the instant crime, has no special circumstances to consider; (c) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as his/her own; and (d) the need for the corresponding punishment

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.