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의정부지방법원 2017.08.16 2017고단1947

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 October 20, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine for a crime of violating the Road Traffic Act, and on September 25, 2014, a summary order of KRW 3 million from the Seoul Northern District Court to a fine for the same crime on at least two occasions.

Nevertheless, on April 17, 2017, the Defendant, while under the influence of alcohol content of 0.163% during blood transfusion at around 22:10 on April 17, 2017, driven a 500-meter D Kax car at approximately 500 meters on the road front of the Saemaul Undong 29-ro 29, Cheongyang-ro, Cheongyang-ro, Seoul, Cheongyang-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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, in addition to the previous conviction of sentencing under Article 62-2 of the Criminal Act, was punished for driving under drinking prior to the judgment, and was sentenced to a fine again by driving without a license in 2016.

All of the fines were sentenced to a fine, but the number of fines exceeded.

At the time of this crime, alcohol concentration was very high.

Furthermore, it is difficult to select a fine.

However, the defendant is seriously against his or her will not drive his or her drinking in the future.

Not only the principal but also the surrounding people live.

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