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(영문) 의정부지방법원 고양지원 2018.10.04 2018고단1928
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 4, 2014, the Defendant was sentenced to a fine of KRW 1,00,00 to a fine of KRW 1,500,000 as a crime of violating road traffic law at a common military court of the 6th common military branch of the army on December 4, 201, and a fine of KRW 1,50,000 as a crime of violating road traffic law at a high-level district court of the Jung-gu District on March 2

On July 12, 2018, around 03:05, the Defendant driven a B-car under the influence of alcohol level of about 0.160% from the 6.3km section of approximately 6.3km to the front road, at the same time from the street in front of the influent restaurant in Gyeyang-gu, Seoyang-gu, Seoul to the same end.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, on-site photographs at the time of crackdown, inquiry of the results of crackdown on drinking and the register of driver's licenses

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he/she had been under criminal punishment twice due to the crime of violating the Road Traffic Act.

The fact that the blood alcohol concentration level at the time of driving is not low and there is no special circumstance to consider when the Defendant was driving at the time of the instant crime, and that the driving of drinking is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and that there is a need for punishment corresponding thereto, etc. are disadvantageous to the Defendant.

However, the defendant's recognition of the crime of this case is against the defendant, and it exceeds the fine.

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