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(영문) 의정부지방법원 2018.05.16 2018고단1180
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 June 17, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million at the same court on February 24, 2011, for a crime of violating road traffic laws (drinking), etc.

On March 25, 2018, at around 21:07, the Defendant driven Bone Star Cargo with approximately 500 meters alcohol concentration at a section of approximately 0.065% under the influence of alcohol, from the upper corner of the chemical garment restaurant to the upper corner of the industrial company located in the same Ri, if the Defendant was added to Sincheon-do, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

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, report on investigation (report on confirmation of such previous history);

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. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the defendant's age, the environment, the criminal record and the degree of alcohol content in the blood transfusion, including the fact that the defendant had been punished several times prior to the same crime, and thus the punishment is determined as ordered.

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