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(영문) 의정부지방법원 고양지원 2018.10.19 2018고단1764
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

【The Defendant was sentenced to six months of imprisonment on August 17, 2007 due to a violation of the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court, the Defendant was sentenced to a summary order of three million won of fine due to a violation of the Road Traffic Act (dacting) in the deep support on October 11, 2007, and the same court issued a summary order of three million won of fine due to a violation of the Road Traffic Act (dacting) in the same day. On January 25, 201, the Defendant was sentenced to a summary order of three million won of fine by the same court as a violation of the Road Traffic Act (dacting).

【Defendant 1, who was punished for violating the Road Traffic Act at least twice as above, was driving BM520 vehicles under the influence of alcohol leveling 0.136% in the 3km section from May 20, 2018 to around 107, when he was under the influence of alcohol leveling 0.136% in the 3km section from the road of the river of the Eup/Myeon under the influence of PM520, which was under the influence of alcohol leveling from May 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), statement of alcohol during blood and report on the detection of the driver at home;

1. Previous convictions: A reply to inquiry, such as criminal history, the relevant written judgment, and the application of relevant summary order statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing Article 62-2 of the Criminal Act is against the defendant's wrong recognition of orders to attend lectures and orders to provide community service order.

On the other hand, even though the defendant had been punished several times for the same crime, he again committed the crime of this case, and caused a traffic accident without being limited to a simple drinking driving.

In addition, the above circumstances and the defendant's age, sex, environment, family relationship, circumstances after the crime, motive for driving alcohol, driving distance, and time interval between the previous drinking crime and the instant crime.

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