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(영문) 의정부지방법원 2018.10.26 2018고단3465
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 3, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on November 3, 2006, and on May 27, 2013, the same court issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act.

On August 18, 2018, the Defendant driven B vehicles while under the influence of alcohol 0.163% in a section of about 500 meters from the road in front of the southnam-si, Namyang-si to the road in the same Eup/Myeon to the road in front of the 583-ro, south-do.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice and driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, Article 148-2 (1) of the same Act concerning the selection of punishment, Article 1 of the choice of imprisonment, and Articles 53 and 55 (1) 3 of the Criminal Act concerning the mitigation of ditches;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Courses is a convenient means of transportation. However, since it is a dangerous article that may be prone to dangerous weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

In this case, the defendant has significantly increased the risk of traffic accident by driving a motor vehicle under the influence of 0.163% alcohol concentration in blood, and the illegality of the crime is high.

In addition, the defendant is driving twice as drinking.

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