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(영문) 의정부지방법원 2018.02.14 2017고단4980
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant driven a e-mail vehicle B from the vicinity of the shooting distance in the Southern-si, Namyang-si, to the early 94-ro of the compost in the Namyang-si, Namyang-si, with alcohol content of 0.318% while under the influence of alcohol during blood at around 21:20, the Defendant driven a e-mail vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. A written appraisal of alcohol during blood;

1. Inquiry into the results of crackdown on driving alcohol (19 pages) and the application of statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, is the third drinking driving of the instant crime.

Although it is not prosecuted in accordance with the provision that increases it, it can not be considered.

The alcohol concentration in the blood of the defendant was 0.318% of the consideration.

The degree of not supporting the driver's belief that he/she was driving was in a situation, and that he/she did not lead to a large accident.

However, even though the defendant has been committing the crime of this case after he had been driving under the influence of alcohol in 2015 and has been driving under the influence of alcohol in 2015, there is a close interval between 10 years and the previous driving under the influence of alcohol.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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