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(영문) 의정부지방법원 고양지원 2018.04.19 2018고단13
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 July 14, 2006, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Western District Court on July 14, 2006, and on August 12, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On November 26, 2017, the Defendant driven B, while under the influence of alcohol content of about 0.161%, from approximately 5km section to the front road of the Ganyang-gu, Soyang-gu, Soyang-gu, Goyang-gu, Goyang-gu, Goyang-si, Goyang-gu, Goyangyang-si, Goyang-gu.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. References to inquiries, such as criminal history, reports on investigation (verification of criminal records of the same kind of crime as the suspect), and application of 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 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had been subject to two times of criminal punishment due to the violation of the Road Traffic Act. The Defendant’s blood alcohol concentration at the time of the instant crime is 0.161%, which is high in numerical value, and there are no special circumstances to consider in the process of the instant crime, and driving under the influence of alcohol is a crime that may cause serious damage to another person’s life, body, or property as well as his/her own, and that there is a need for the corresponding punishment that is disadvantageous to the Defendant.

However, the defendant recognizes the crime of this case and is against the defendant.

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