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(영문) 의정부지방법원 2019.08.14 2019고단2363
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On June 4, 2019, at around 05:00, the Defendant driven B rocketing car with a blood alcohol concentration of about 0.103% from the 10km section to the front road of the Dolung Park Park in the same Dolung-ro 537, from the front road of the Dolung Public Bus Terminal, which is located in the Gap-gun of Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of the Acts and subordinate statutes governing cream records of vehicles involved in accidents;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act has a record of having been punished several times for the same kind of crime, such as drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and measures not to be taken after the accident.

Nevertheless, while driving under the influence of 0.103% of the alcohol concentration in the blood of the vehicle, it has caused a large number of accidents involving telegraphs adjacent to the road while driving.

However, considering the fact that the defendant is recognized as committing a crime, the health of the defendant is not good, there is a family member to support the defendant, and the majority of the defendant's consciousness wanting to take a preference, etc. in favor of the fact that social ties seems clear.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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