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(영문) 의정부지방법원 2018.07.25 2018고단1997
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

[criminal history] On January 8, 2008, the Defendant received a summary order of a fine of KRW 2.5 million as a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court on January 8, 2008, and a fine of KRW 3 million as a same crime in the same court on December 1, 201.

[2] On May 8, 2018, the Defendant: (a) was a person who violated the drinking prohibition provision on two or more occasions; (b) was driving a vehicle under the influence of alcohol with approximately 2 km of alcohol content 0.112% while under the influence of alcohol at approximately 0.12% in the blood, from the road adjacent to the road adjacent to the Pari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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: Imprisonment with prison labor for a period of six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for a period of eight months, and the period of punishment of the defendant for a period of two years suspended execution (two times a fine for a drunk driving), age, sex, living environment, family relationship (including an infant suffering from a heart disease and two children), alcohol concentration in blood, distance from driving alcohol, motive and circumstance of the crime, circumstances after the crime, etc.

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