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(영문) 의정부지방법원 고양지원 2018.05.31 2018고단755
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 26, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 26, 2008, and was sentenced to a fine of KRW 1.5 million for the same crime in the same court on December 8, 2009.

Defendant was punished as a crime of violating the Road Traffic Act at least twice as above, and again, on March 24, 2018, the Defendant driven BM car under the influence of alcohol of approximately 0.151% from the 6km-dong, Seosan-gu, Seogsan-dong, Seogsan-dong, Seogsan-dong, 719-12 to the 3km-dong, Seogsan-dong, Seogsan-dong, Seosan-dong, Seosan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the court shall determine the sentence as ordered in consideration of all the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, family relationship, and the circumstances leading to drinking, etc.

A favorable circumstances: The defendant committed a crime of drinking in the same kind of crime even though he/she has been punished twice as a fine, and the amount of alcohol concentration in blood at the time is 0.151% high;

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