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(영문) 의정부지방법원 2018.06.27 2018고단1739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) and KRW 700,000 as a fine for the same crime at the Jung-gu District Court on October 28, 2009.

On April 22, 2018, around 19:35, the Defendant driven C Coin truck with approximately 4km alcohol concentration of about 0.131% from the section of approximately 4km from the front of Chuncheon-si, Gangwon-do to the Pyeong-si, Pyeongtaek-si culture to the front of the 13-42Gam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is evisping, the Defendant has been subject to punishment two times or more due to drinking driving even before.

Nevertheless, the crime of this case was committed under the condition of 0.131% alcohol concentration in the blood of the second blood.

In full view of 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 records, the punishment as ordered shall be determined.

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