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(영문) 의정부지방법원 2018.01.10 2017고단3695
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 August 11, 2014, the Defendant received a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act from the Jung-gu District Court on the charges of violating the Road Traffic Act, and on February 21, 2017, a summary order of two million won or more for the same crime in the same court, respectively, on two or more occasions.

Nevertheless, on August 6, 2017, the Defendant driven a car with approximately 400 m2 SM5 m2 up to 159 m2 in front of the waterside park, which was under the influence of alcohol content of 0.127% in the blood around 20:40.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's drinking driving of alcohol for the reason of sentencing Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is the third time.

However, as before the judgment, the Defendant was sentenced to a fine for the same year, and even after several months have passed again, it was sentenced to the driving of the drinking of this case. It is difficult to punish the Defendant as a minor fine.

However, considering that the defendant is seriously against the defendant and there is no other criminal punishment except for traffic-related fines.

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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