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(영문) 의정부지방법원 2018.08.17 2018고단2445
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 23, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on December 23, 2010, and was sentenced to a fine of eight million won or more due to a crime of violating the Road Traffic Act at the Seoul Northern District Court on January 27, 2015, and was sentenced to a fine of eight million won or more due to a violation of the Road Traffic Act.

On June 3, 2018, the Defendant driven B K5 vehicles under the influence of alcohol content of about 0.223% from the 10-meter section of blood alcohol from the Molle of “B” to the front road of the same 157-ro, “B” located in the Modong-si, Ma-si, Magdong-si, the Government-si, Magdong-si, to the end of the same 157-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Results of appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a copy of a summary order on driving the same kind of drinking), and statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 62-2 of the Act on the Protection, etc., committed again the instant crime even though the Defendant had been punished five times due to drinking driving in the past. The Defendant committed the instant crime with a very high alcohol level at the time of the instant crime, and there was a high risk of traffic accident resulting therefrom, and the Defendant recognized and reflected all the instant crime, etc., the Defendant’s age, environment, sex behavior, background of the instant crime, driving distance, and circumstances after the instant crime shall be determined by comprehensively taking account of the various circumstances, which are the sentencing conditions specified in the instant records and pleadings, including the Defendant’s age, environment

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