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(영문) 의정부지방법원 2018.04.11 2018고단62
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2006, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on November 02, 2010, by the Seoul Northern District Court, to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act (drinking driving).

around 21:04 on December 205, 2017, the Defendant driven a Bsch Rexton car under the influence of alcohol content of about 0.068% in a section equivalent to about 6km from the uppermost of the Tae-gu Seoul Special Metropolitan City, Nowon-gu to the front of the apartment of the Switzerland-si, Namyang-si to about 5:21 in each city, Switzerland-si, and about 6km in each city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant has been punished for the same kind of crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age and environment of the defendant, previous convictions, and the degree of alcohol alcohol in the blood.

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