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(영문) 의정부지방법원 2019.07.16 2019고단1671
도로교통법위반(음주운전)
Text

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 July 6, 2007, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act by a District Court for the following reasons: (a) on March 7, 2017, the Defendant was sentenced to a suspended sentence of 2 months; and (b) on March 7, 2017, the same court issued a summary order of a fine of 4 million won for the same crime and violated the prohibition of drunk driving twice; (c) on April 13, 2019, the Defendant was driving a car under the influence of alcohol of 0.194% for the same military parking lot from a windowd by the mutual influorri-Eup/Myeon, Pyeongtaek-gu, Bupyeong-gu, Seoul to the same military parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Previous records: Criminal records, inquiry reports, investigation reports (in cases of the same kind of case attached thereto and written judgments of the same kind of case), and the application of Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, in consideration of the fact that the defendant again committed the crime of this case even though he had been tried by several times of the same kind, the degree of blood alcohol of the defendant, the place and distance of drinking driving, the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing as shown in the arguments

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