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(영문) 의정부지방법원 2018.08.17 2018고단2288

1. The defendant shall be punished by imprisonment for one year;

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;



Punishment of the crime

On December 31, 2008, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3 million as a fine in the same court on May 13, 201.

At around 00:20 on May 5, 2018, the Defendant driven a F observer car at approximately 200 meters alcohol concentration at approximately 0.196% while under the influence of alcohol at approximately 0.196% from the 200-meter section from the roads before the Yangju-si Mutual Insular House to the E Track in D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 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 for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Education, despite the past record of having been punished four times due to drinking driving, and the occurrence of a traffic accident is highly likely as a letter with high alcohol content at the time of the instant crime.

The punishment shall be determined by comprehensively taking into account various circumstances that form the conditions for sentencing specified in the records and pleadings of this case, such as the age, environment, sex, circumstances leading up to the crime, driving distance, and the circumstances after the crime, etc., in favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes of this case.