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(영문) 의정부지방법원 2018.09.19 2018고단2446
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2008, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking driving), and on December 18, 2009, the Defendant was issued a summary order of three million won for the same crime, etc. at the Seoul Eastern District Court, on August 27, 2010, issued a summary order of five million won for the same crime, etc. at the Sungnam Branch, and on July 8, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of five million won for the same crime, etc. at the Seoul East East District Court.

On May 31, 2018, the Defendant driven a Nata car with approximately approximately 24 meters section from a mobilization ridged parking lot located in the Guri-si, Siri-si, Siri-si to the 61st day of the same city-ro, while under the influence of alcohol content of about 0.153% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of the driver at home and the situation of the driver at home;

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

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant continues to drive drinking, even though he/she was sentenced to a fine four times due to drinking alcohol, so the defendant is bound to be punished by imprisonment.

However, the sentence shall be determined as ordered by taking into account the following factors: (a) the defendant has no criminal record of suspended execution or more; (b) the defendant has no criminal record of crime after 201; (c) the defendant disposes of his/her vehicle and again is going not to drive alcohol; (d) the blood alcohol concentration at the time; and (e) the defendant's age, sex, environment; and other motive, background, means and consequence leading to the crime of this case; (e) the conditions of sentencing specified in the arguments of this case, and (e) the conditions

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