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(영문) 의정부지방법원 2019.07.03 2019고단1604
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 20, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on November 25, 2010, the same court received a summary order of KRW 2.5 million as a fine for the same crime.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on March 23, 2019, the Defendant driven a C QM3 car under the influence of alcohol content of about 0.173% from the road before the construction site where it is impossible to identify the detailed address below the Nam-do Eup in Nam-si around 16:23, Nam-si, the construction site before the construction site where it is impossible to identify the detailed address, to the front road in the Namyang-si, the Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of three Acts and subordinate statutes to criminal records, inquiry reports (reports attached to the previous criminal records and summary orders), and summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.173%, driven a passenger car at approximately 200 meters at a level of alcohol.

At the time of committing the instant crime, the Defendant has been punished as a crime of violation of the Road Traffic Act (driving) around 2001, around 2003, around 2007, around 201, and around 2010, and there are other criminal records.

However, each of the above crimes shall be supported by the defendant, who has committed the crime before 8 years from the case.

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