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(영문) 의정부지방법원 2018.07.11 2018고단1964
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 11, 2009, the Defendant issued a summary order of KRW 2 million with a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on December 11, 2009, and on July 21, 2014 by the same court as the same crime.

On April 19, 2018, the Defendant driven a D Span-type car with alcohol content of about 0.280% in blood from approximately 130 meters to around C’s front road from the 09:25, Jin-si, the Government of the Republic of Korea around 09:25 to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating 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, even before the reason for sentencing Article 62-2 of the Criminal Act, had already been punished several times for the same crime, was driving under the influence of drinking while drinking alcohol concentration of 0.280% in the blood of the vehicle again, and left the scene while leaving the vehicle without leaving the vehicle as it is, while obstructing the passage of other vehicles.

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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