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(영문) 의정부지방법원 2017.09.06 2017고단2738
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 20, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on August 20, 201, and on May 30, 2013, the same court received a summary order of five million won as a fine for the same crime and received three times the records of punishment for drinking driving.

On June 9, 2017, the Defendant, while under the influence of alcohol content of 0.143% during blood transfusion around 22:40, driving a 1 km B radar car at the front of the stone located in the Doncheon-si Line, in front of the Agricultural Cooperatives, located in the front of the Doncheon-si Line located in the Republic of Korea.

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 conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is the fourth drinking driving as the defendant.

In this case, it is inevitable to punish strictly the purpose of punishing the road traffic law in accordance with Article 148-2 (1) 1 of the Road Traffic Act.

At the time of the instant crime, the Defendant’s blood alcohol concentration was very high.

However, the defendant is currently divided, and there is no other criminal punishment except for traffic-related criminal records.

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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