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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단2617
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 23, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court of Seoul to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on December 10, 2010, a summary order of KRW 2 million from the Seoul East District Court to a fine of the same crime, etc. on December 10, 201, and on November 22, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for six months for a violation of the Road Traffic Act at the Seoul Central District Court of Seoul.

On August 28, 2017, at around 01:14, the Defendant driven C Poter truck under the influence of alcohol concentration of about 0.068% in a section of about 1km from the day before the string string string string string to the front road, while driving C Poter truck under the influence of alcohol concentration of about 0.068% in a section of about 1km.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

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: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service and order to attend a lecture, despite the fact that the Defendant had been punished three times or more due to drinking driving, and if he/she repeatedly drives the drinking of this case, his/her responsibility is heavy;

Therefore, it should be strictly punished, but it should be recognized that the crime is committed, that does not reach a traffic accident, that the last drinking is before about four years, and that the defendant's age, sex, environment, and circumstances leading to the driving of the drinking of this case, driving distance, and drinking value.

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