(영문) 의정부지방법원 고양지원 2018.02.02 2017고단3581

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(영문) 의정부지방법원 고양지원 2018.02.02 2017고단3581

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 7, 2007, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law in the support of the Sungnam branch of the Suwon branch of the Suwon branch of the Republic of Korea on March 7, 2007, and on June 23, 201, the Seoul Southern branch of the Seoul Southern branch of the Seoul Southern branch of the District Court was sentenced to a suspended sentence of eight months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drinking prior to the death or injury caused by danger)

Nevertheless, on September 18, 2017, the Defendant driven BK7 car at a section of about 100 meters from the 100-meter radius to the Gyeonggi-si and Dong dong dong dong dong dong dong dong dong dong dong dong dong dong, while under the influence of alcohol content 0.198% among blood transfusion around 23:37.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.; and (c) the sentencing as indicated in the records and arguments on changes, the sentence as ordered shall be

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