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(영문) 의정부지방법원 고양지원 2018.11.30 2018고단2114
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 Records of Crimes】 On August 11, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Western District Court, and on August 14, 2009, a summary order of KRW 700,000 for a crime of violating road traffic laws (drinking) at the Seoul Western District Court.

【Criminal facts” On August 9, 2018, the Defendant driven a Bstowing car under the influence of alcohol concentration of about 0.076% on the blood-related part of approximately 1 kilometer to the front road of about 6 complexes of Sinsi-si, Seoyang-si, Seoyang-si, Masan-si, Masan-si, Masan-si, Goyang-si, Mayang-si, Mayang-si, the Defendant driven a Bstowing car under the influence of alcohol concentration of about 0.076% on the blood-related part.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act, under the circumstances unfavorable to the defendant for the reasons of sentencing two times due to drinking, taking into account the circumstances favorable to the defendant's wrong recognition and reflect that the defendant would not again drive drinking while failing to do so. In addition, all of the sentencing factors indicated in the arguments in the instant case, such as the developments and distance, blood alcohol concentration, the defendant's age, sexual behavior, environment, family relationship, etc., shall be considered, and the punishment is determined as ordered.

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