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(영문) 의정부지방법원 2018.08.24 2018고단2006

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and on August 24, 201, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the first branch court located in the Chuncheon District Court on August 24, 201, and on March 30, 2018, the Defendant was sentenced to a summary order of KRW 5 million for a crime of drinking alcohol concentration of 0.168% among blood on March 30, 2018.

On April 1, 2018, while under the influence of alcohol content 0.139% during blood transfusion, the Defendant driven a car in Bcoon from the front side of the steel comprehensive cultural welfare center located in the 330-gil-ro 12, Gangwon-gu, Gangwon-gu, Gangwon-do, Gangwon-do, to approximately 2 km from the front side of the iron comprehensive cultural welfare center located in the 12-ro 233-1, an Eup-do from around 10:30 to the horizontal distance in the 2K-1, an Eup-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site map, and on-site photograph;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant has a record of criminal punishment due to drinking driving several times before.

In particular, despite the fact that it was discovered as a crime of drinking driving on March 30, 2018, the instant crime was committed with alcohol concentration of 0.139% in the blood franchising fin and franchising fransing in franchis.

Although the Defendant caused a traffic accident while driving alcohol, the Defendant left the scene without stopping it as it is.

The possibility of criticism against the defendant is high.

However, it shall be taken into consideration in favor of the fact that the accident victim has agreed smoothly with the victim.

The motive and background of the crime, including the above circumstances, and the method and consequence of the crime.