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(영문) 의정부지방법원 2018.11.06 2018고단3126
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

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 3, 2007. On April 23, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (dacting driving) and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (dacting driving) in the same court on July 7, 2014.

[Criminal facts] On June 23, 2018, the Defendant driven a car with C low-speed in the section of about 500 meters from the front side of the cU convenience store located in the GU convenience store located in the GU, 0.232% of alcohol concentration during blood transfusion at around 21:40 on June 23, 2018 to the front side of about 476 U.S. Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The driving before and after drinking alcohol, two times before and after drinking alcohol measurement, and one time before and after drinking alcohol measurement, and the fact that the defendant's operation unstable and was discovered by 0.232% of alcohol concentration in the blood at the time of the instant case, and the fact that the risk of driving drinking at the time is deemed to have been considerable in light of the circumstances discovered by 112 as the defendant's operation unstable, and the decision of a sentence that has no previous conviction exceeding a fine and that there was no previous conviction in excess of a fine: The defendant's age, sex, environment, motive for committing a crime, circumstances after committing a crime, etc.;

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