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(영문) 의정부지방법원 2018.09.14 2018고단2844
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 20, 2008, the Defendant was issued a summary order of KRW 1 million by a fine of KRW 1 million due to a violation of the Road Traffic Act (driving), and a fine of KRW 2.5 million by the same court on June 13, 2008.

On March 11, 2018, from around 21:30 to 22:00 of the same day, the Defendant driven a B body-man car in the state of alcohol alcohol concentration of approximately 0.073% from the 25km section of the 25km-gu Seoul Metropolitan Government, Howon-si from the upper street of Songpa-gu, Songpa-gu, Seoul and from the upper street to the front day of the government in front of the mountain direction of the Gyeongwon-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In the case of this case, another driver of another vehicle driving in the vicinity of the Goi-gu in the outer circular circulation, who reported to an investigation agency that the defendant's vehicle is severely prone to the defendant's vehicle, and the drinking control was conducted. The risk of traffic accidents caused by the crime of this case.

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