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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단3060
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 September 17, 2007, the Defendant received a summary order of KRW 2,50,000,000 from the Suwon District Court's Sung-nam branch for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, and a summary order of KRW 4 million on December 27, 2013 from the Seoul Northern District Court as the same crime.

On October 7, 2018, at around 06:06, the Defendant driven a car under the influence of alcohol 0.09% with a blood alcohol concentration of about 1k in the section from the mutual influenite-si, Seocheon-si to the front road of Seocheon-si, Seocheon-si.

In this respect, the defendant, even though he was driven under the influence of alcohol more than twice, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to summary order confirmation of the same type of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The punishment as shown in the Disposition shall be determined by taking into account the facts such as the confession of the crime of sentencing under Article 62-2 of the Criminal Act, the fact that it is against the law of sentencing, the fact that it is possible to have the records of punishment due to drinking driving, the fact that drinking water is not high, the age of the defendant, and the conditions of sentencing as provided in Article 5

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