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(영문) 의정부지방법원 고양지원 2018.08.30 2018고단1696
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 June 8, 2018, the Defendant driven Bsch Rexn car volume in the state of alcohol alcohol concentration of 0.219% on the front road of the river route 9 complex in the Hansan-gu, Seo-gu, U.S., Seogdong Village 02:09, the river route 9 complex in front of the river route 9,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Application of the Acts and subordinate statutes to the response to the request for appraisal, the inquiry of the results of crackdown on drinking driving (No. 16)

1. Relevant Article of the Act and Articles 148-2 (2) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the Defendant had already been punished for a violation of the Road Traffic Act on two occasions in 2005 and 2014, the Defendant again committed the same kind of drinking alcohol crime in this case without being aware of the fact that he had been sentenced to a fine.

It is necessary to punish defendants who repeat the same mistake more strictly.

Among the blood of this case, the alcohol concentration level is also very high.

However, the defendant reflects his wrongness.

As above, there is no record of criminal punishment other than those subject to punishment twice due to drinking driving.

In addition, taking into account the circumstances shown in the records and theories of this case, such as the background of the crime of this case, the age, sex, living environment, and circumstances after the crime, the punishment as ordered shall be determined.

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