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(영문) 의정부지방법원 2019.09.18 2019고단2755
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 30, 2019, around 22:43, the Defendant driven an Eststun car in the state of alcohol with approximately 150 meters alcohol concentration of 0.156% from the 150-meter section from the south-si B apartment Cdong road to D front roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of inquiry results, investigation reports (a copy of the same type of judgment and attachment of a summary order) Acts and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the community service order include three times of imprisonment for the same kind of crime, such as drinking, unlicensed driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., even before the defendant has been punished.

Nevertheless, the crime of this case was committed while driving under the influence of 0.156% of the blood alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account 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, environment, and criminal record.

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