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(영문) 의정부지방법원 고양지원 2018.09.07 2018고단1596
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 June 25, 2009, the Defendant was sentenced to a fine of KRW 3 million on the grounds of a violation of road traffic law (drinking driving), on May 15, 2009 in the same court, and on June 5, 2015, in the same court, on the same offense, etc., the Defendant was sentenced to a fine of KRW 7 million.

On June 12, 2018, the Defendant driven a B Twork car in the state of alcohol alcohol content of about 0.195% from a 1k-meter section of blood alcohol to the roads in front of the same Eup/Myeon, from the front of a mountain terminal in the Seodaemun-gu, Seoul Special Metropolitan City, Chungcheongnam-si, to the roads in front of the tunnel in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 records of the same punishment for the reason of 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., the sentence as ordered shall be determined.

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