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(영문) 의정부지방법원 2018.10.19 2018고단3418
도로교통법위반(음주운전)
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1. The defendant shall be punished by imprisonment for eight 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 August 2, 2018, the Defendant driven C motor vehicles with approximately 150 meters alcohol level of about 0.101% in blood alcohol level from the debate in Macheon-si, Macheon-si, Macheon-do to the fourth intersection in the same Doncheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Application of Acts and subordinate statutes to inquire about 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 reasons for 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 Courses increase the risk of traffic accidents caused by driving a motor vehicle under the influence of 0.101% alcohol level in blood. Therefore, the illegality of the crime is high.

In addition, the defendant committed the crime of this case, even though he had been punished once due to the crime of violating the Road Traffic Act (drinking driving) three times as a crime of violating the Road Traffic Act (drinking driving), since he again committed the crime of this case, the responsibility for the crime is heavy.

However, in light of the favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case and reflected, the defendant's age, sexual conduct, environment, motive and circumstances after the crime, etc. are considered, and all of the sentencing conditions in the process of discussion and change are determined as ordered.

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