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(영문) 의정부지방법원 2017.05.31 2017고단919
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2010, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act, on December 20, 2013, by the Seoul Northern District Court, to a fine of KRW 1.5 million to a crime of violating the Road Traffic Act. On November 14, 2014, the Defendant was sentenced to a summary order of KRW 5 million to a fine for a crime of violating the Road Traffic Act at the Seoul Northern District Court on December 20, 201, respectively. On November 14, 2014, the Defendant was sentenced to a fine of KRW 5 million to a fine for a crime of violating the Road Traffic Act.

Nevertheless, on February 21, 2017, the Defendant driven approximately 500 meters of alcohol B string-ro 587-10 meters of alcohol on the roads in front of the new apartment of South and North Eup in the south-do, under the influence of alcohol content 0.169% during blood transfusion at around 22:35.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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 a reply to inquiry, such as criminal history, text of judgment, and text of summary order in five copies;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant was already punished five times due to drinking alcohol driving for the reason of sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

At each time, the person was sentenced to a fine, but it has been committed again, and therefore, it is difficult to be subject to a fine that is less exceptionally punished.

Article 148-2 (1) 1 of the Road Traffic Act provides that a person who is punished by imprisonment shall be punished by imprisonment for not less than one year but not more than three years.

Although the defendant is divided, it is difficult to be exempted from the sentence above.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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