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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단1360
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The Defendant received a summary order of KRW 1,50,000,000 as a fine for the same crime on October 10, 2013, for the crime of violating the Road Traffic Act (driving) from the Goyang Branch of the District Court, and on October 21, 2015, for the same crime.

The Defendant, as above, driven D K7 automobiles while under the influence of alcohol leveling to about 0.081% of alcohol leveling from around 1.5km up to the 1.5km road in the same city of Mangsan-dong from the department store prior to the department store in the Ireland, Seo-gu, Busan-gu, Busan-si around May 24, 2018, even though the driving force of drinking was two or more times, around 23:25, the Defendant driven DK7 automobiles under the influence of alcohol leveling to approximately 0.081% of alcohol leveling from his blood level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, notification of the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to a summary order of the same paper);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant had already been punished three times by a fine due to drinking driving prior to the instant crime, but again committed the same kind of crime without being aware of it, even though he had already been punished by a fine prior to the instant crime.

It is necessary to punish defendants who repeat the same mistake more strictly.

However, in light of the following circumstances, the Defendant reflects his or her mistake, alcohol concentration, drinking distance, and other circumstances revealed in the records and theories of this case, such as the Defendant’s age, sex, living environment, and circumstances after committing the instant crime, the punishment as ordered shall be determined.

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