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(영문) 의정부지방법원 고양지원 2018.09.06 2018고단1762
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On September 12, 2008, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon, and a fine of KRW 2 million

On June 5, 2018, the Defendant driven B car 2, while under the influence of alcohol content of about 0.113% at a 2km section before the entrance of the IC, around 504, Sinpo-si 504, Sinpo-si 104, Silsan-ro 104, 104, 300,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (the previous report on confirmation of the history thereof) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant again committed the instant crime even though he/she had a history of criminal punishment twice due to the violation of the Road Traffic Act; and (b) the driving of drinking alcohol constitutes an offense that may cause serious damage to the life, body, or property of another person as well as his/her own; and (c) the Defendant needs to punish the same accordingly.

However, the fact that the defendant recognized the crime of this case and reflected in the crime of this case shall be considered as favorable to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.

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