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(영문) 의정부지방법원 2017.12.20 2017고단4317
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving), a fine of two million won due to a violation of the Road Traffic Act at the Jung-gu District Court on November 20, 2008, and a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 20, 2008. On September 16, 2014, the Defendant was sentenced to a suspended sentence for six months.

On August 28, 2017, the Defendant driven a vehicle B with alcohol content of about 0.181% under the influence of alcohol on the 3km section of approximately 3km from the 19:19-34 in the same day to the 19:19-34 in the same day on the roads near the Sindong-si, Jungdong-dong.

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 survey report on actual conditions;

1. C’s statement;

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

1. A written appraisal of alcohol during blood;

1. Inquiries about the results of crackdown on driving alcohol (38 pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same kind of power);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's drinking operation of the reason of sentencing in Article 62-2 of the Criminal Act is limited to the case where it is confirmed as material.

There are two different kinds of non-licensed driving and refusal to measure drinking.

In 202 and 2007, each refusal to measure drinking was sentenced to a suspended sentence of imprisonment with prison labor due to drinking driving in 2014.

The punishment should not be considered as a matter of course for the crime of drinking driving, which has a high alcohol concentration in blood.

Finally, there is a relatively short interval between the crime of drinking and the crime of this case, and the defendant would not drive drinking again.

It reflects such points as much as possible.

In addition, the defendant's age, sex, and behavior.

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