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(영문) 의정부지방법원 2017.06.13 2016고단4069

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 21, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving), a fine of 3.5 million won for the same offense in the same court on February 14, 2014, and a fine of 3.5 million won for the same offense in the same court on April 21, 2015, by the same court on April 21, 2015.

On September 20, 2016, around 14:54, the Defendant driven D SP car in the state of alcohol alcohol concentration of approximately 0.075% during blood in the 1km section from the front of the Korean power station located in the Dong-Eup, New-si to the front road of the Mancheon-si in the same location.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the judgment), application of Acts and subordinate statutes to investigation reports (Attachment to the judgment of driving the same kind of drinking alcohol);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend a lecture are three times the same military force, while there are unfavorable circumstances for the Defendant to drive the instant drinking during the same duration of suspension of execution. However, in light of the circumstance that the Defendant, after drinking alcohol from around 02:00 on the same day to around 12 hours, was relatively high from around 14:54 when driving alcohol (0.07%), the degree of intent for driving alcohol seems to have been weak; the Defendant appears to be against the driving of the instant drinking; the result of the previous investigation of the judgment (which presented the opinion that social treatment is appropriate); the Defendant’s age, sexual behavior, environment, motive for committing the crime; and the circumstances after committing the crime, etc., the sentence shall be determined as per the order.