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(영문) 의정부지방법원 2018.08.24 2018고단2643
도로교통법위반(음주운전)
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1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 9, 2018, the Defendant driven a B-be cruise car under the influence of alcohol content of about 50 meters at approximately 0.142% at a distance of about 50 meters from around the restaurant “gram” to the 32-ro, a tobacco, a tobacco, at the front of the G-gu Gam-gun operated by the Defendant, at around 00:10 on June 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The Defendant committed the instant crime again, despite the past record of punishment twice due to drinking driving even though the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and the Defendant committed the instant crime. As a relatively high alcohol concentration in blood at the time of the instant crime, the risk of traffic accidents was considerable.

The punishment shall be determined by comprehensively taking into account the various circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the age, environment, sex, circumstances surrounding the crime, driving distance, and the circumstances after the crime, etc., in favorable circumstances, such as the fact that the defendant all recognized the crime of this case and reflects the fact that there is no record of punishment exceeding the fine imposed by the defendant.

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