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(영문) 의정부지방법원 2019.10.16 2019고단3031
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

(b) Application of summary order law

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendation [decision of types] on the basis of the sentencing guidelines of the Supreme Court: [Type 1] the forgery, alteration, etc. of private documents [Special Character : Reduction element]: Where social risks have not been realized because the ultimate objective of the crime has not been achieved (the scope of recommendation area and recommendation area] mitigation area; imprisonment with labor for one month to one year; and other crimes for which the sentencing guidelines have not been set; imprisonment for not less than one month;

2. Determination of sentence: A defendant has a record of being punished for drinking-driving even before;

Nevertheless, the crime of this case was committed with the driver's license with the blood alcohol concentration of 0.090%.

The defendant tried to conceal his criminal act while committing his criminal act even after being exposed to the drinking control point.

It is necessary to punish the defendant strictly.

However, the fact that the defendant is against the recognition of the crime, and the defendant is not driving again as a senior citizen of society who has not yet experienced social experience, shall be considered in favor of the fact that he disposes of the vehicle.

All the conditions of sentencing, including 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, the environment, and the criminal record.

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