(영문) 의정부지방법원 고양지원 2018.06.20 2018고단974

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(영문) 의정부지방법원 고양지원 2018.06.20 2018고단974

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[2] On June 7, 201, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 7, 201, and on July 12, 2013, the same court issued a summary order of KRW 4 million for the same crime, respectively.

[Criminal Facts] On April 8, 2018, around 01:05, the Defendant driven B SP car under the influence of alcohol with approximately 0.192% of alcohol concentration at approximately 5km at the 5km section from the bSP car in the front of the BSP car located in the Dong-dong, U.S.-dong, U.S.-dong, U.S. to the front of the Dong-gu, U.S.-si, U.S.-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of persons under influence of alcohol) 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 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are many criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the fact that drinking level high is unfavorable, the confession of the crime, the circumstances of the defendant's present situation, etc. are considered as favorable circumstances, and the conditions of sentencing under Article 51 of the Criminal Act, such as the age of the defendant, shall be considered in light of all the favorable circumstances, and the sentence

참조조문

-형법 제51조

-형법 제62조 제1항

-형법 제62조의2

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