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(영문) 의정부지방법원 2018.01.17 2017고단4705
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 December 24, 2009, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on September 21, 2012, the Defendant issued a summary order of KRW 3,00,000 for the same crime at the same court on September 21, 2012, and on November 30, 2012, the same court issued a summary order of KRW 5,00,000 for a fine for a violation of the Road Traffic Act (drinking driving).

On October 1, 2017, the Defendant driven, at the front of the horse riding in the Eup under the influence of alcohol content of 0.150% among the blood transfusions, 2017, e.g., Bunst Syst Pots sport automobiles up to approximately 500 meters at the front of the Atere-Eup located in the same Sinjin-ri 4-3 at the same time.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle while under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Notification of the results of regulating drinking driving;

1. Detection photographs;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 reason for sentencing of Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order and Order to Attend the lecture was not only the fourth drinking driving, but also the alcohol concentration in blood was very high, and as a result, a traffic accident involving a driver's vehicle that has been driven has occurred.

It is no longer reasonable that a fine is subject to punishment.

However, after the criminal punishment for the previous drinking driving, it is found that the drinking driving is discovered after about five years, and the accused is also against it.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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