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(영문) 의정부지방법원 2018.12.19 2018고단4477
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 14, 2010, the Defendant received a summary order of a fine of 2.5 million won for a crime of violating road traffic laws (drinking) from the Jung-gu District Court on the high-sea support on December 14, 2010, and on February 26, 2016, received a summary order of a fine of 5 million won from the Jung-gu District Court on the same crime and received a summary order of 5 million won for the same crime on at least two occasions.

Nevertheless, from around 07:30 on September 1, 2018 to 08:00 on the same day, the Defendant driven a rocketing car under the influence of alcohol content of approximately 0.139% from the 3km to the 3km-ro 577 miles-si, Namyang-si, which was located in the 47-ro from the 07-ro of the Hayang-si, Namyang-si.

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. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Unmanned integrated inquiry screen;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order-making statute;

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, on the grounds of sentencing Article 62-2 of the Criminal Act, repeatedly drives drinking while having been sentenced to a fine due to drinking driving, as stated in the facts constituting an offense in the judgment, so it is necessary to punish the Defendant with strict punishment for the prevention of recidivism.

There is no circumstance that can be considered in the circumstances of drinking driving, and the alcohol concentration in blood at the time is high.

However, considering the fact that the defendant does not repeat the crime and disposes of the vehicle, that the defendant has no criminal record of the suspension of execution or more, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results, circumstances before and after the crime of this case, and other sentencing conditions specified in the arguments of this case, the punishment as ordered shall be determined.

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