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(영문) 의정부지방법원 2019.10.16 2019고단3186

도로교통법위반(음주운전)

Text

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 July 25, 2008, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Suwon District Court's Ansan Branch.

At around 14:10 on July 11, 2019, the Defendant driven a DSS3 car under the influence of alcohol concentration of about 3 km from the front road of Yangyang-si to the front road of Yangyang-si, Yangyang-si, with approximately 0.172% of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual condition survey report;

1. On-site map and on-site photograph;

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

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 reason for sentencing under Article 62-2 of the Criminal Act has a record of having been punished several times for the same kind of crime, such as drinking driving and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before the defendant

Nevertheless, while driving under the influence of 0.172% of alcohol concentration in the blood of the vehicle, the accident caused the shock of the damaged vehicle parked on the road.

However, it shall be considered in favor of the fact that the defendant is against the recognition of the crime, and that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

The punishment as ordered shall be determined by comprehensively taking into account 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, environment, and criminal record.