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(영문) 의정부지방법원 고양지원 2019.08.23 2019고단1624
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Power】 On January 20, 2010, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Seoul Western District Court to a fine of KRW 1.5 million on March 28, 2017.

【Criminal Facts of Crimes】 On June 13, 2019, at around 23:00, the Defendant driven a cnish-do car under the influence of alcohol content of about 17 km from the front of the Han River Park in Mapo-gu, Seoul Metropolitan Government, to the front road of the Goyang-gu, Yongsan-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and application of each of the Acts and subordinate statutes of one summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine twice due to drunk driving, but re-driving a motor vehicle.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct

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