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(영문) 의정부지방법원 2018.06.22 2018고단1456
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 January 18, 2010, the Defendant received a summary order of KRW 1500,000 as a fine for a crime of violating the Road Traffic Act, and a fine of KRW 2 million as a fine in the same court on July 5, 2012.

Although the Defendant had had a history of driving alcohol twice or more as above, the Defendant driven B-wing truck under the influence of alcohol with approximately 0.131% alcohol concentration from the front side of the apartment house in the southyang-si, Namyang-si, the Southern-si, at around 21:40 on March 18, 2018 to the front side of 479-30 on the same city-Jak-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 62-2 of the Act on the Probation, etc. of Protection, etc., committed again the instant crime even though the Defendant had been punished for driving three times in the past, and the Defendant committed the instant crime against his mistake when recognizing the instant crime, etc., comprehensively takes into account the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., and determining the punishment as ordered.

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