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(영문) 의정부지방법원 2018.06.20 2018고단1283
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

[Power of crime] On April 5, 2013, the Defendant received a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) at the District Court of Jung-gu.

[Criminal facts]

1. On March 18, 2018, the Defendant: (a) driven a B-hand motor vehicle under the influence of alcohol with approximately 0.19% alcohol concentration from the 3km section of around 100m alcohol to the camping wave road located in the front of the 102-day government city apartment on March 18, 2018, the Defendant was driving from the front of the 108:45, in a manner that he/she is under the influence of alcohol at approximately 0.19% in alcohol level from the 3km section to the front of the 102-day government city.

2. On March 24, 2018, the Defendant violated the Road Traffic Act (drinking) on and around two occasions, and on March 24, 2018, the Defendant driven a B-hand vehicle with alcohol content of about 100 meters from the 100-meter section of alcohol alcohol to the road of the Western apartment in Yangju-si, a mutual influoring restaurant in Yang-si, Yangju-si on March 24, 2018, and the Defendant driven a B-hand vehicle with alcohol content of about 0.108% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: References to inquiries, such as criminal history, the list of relevant cases, and application of summary order statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2, 44(1) (the drinking of alcohol on March 18, 2018), Articles 148-2(1)1, and 44(1) (the drinking of alcohol on March 24, 2018) of the Road Traffic Act, and the choice of imprisonment, respectively, with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Period of punishment by law: Six months to two years; and

2. Determination of sentence: Taking into account all the sentencing conditions, such as the age, sex, living environment, family relationship, records of punishment, blood alcohol density, the distance from which a person drives alcohol, motive and circumstance of the crime, and circumstances after the crime, etc., of the defendant for eight months of imprisonment and two years of suspended execution;

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