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(영문) 의정부지방법원 2018.09.12 2018고단1963
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of road traffic law (drinking driving), and on July 31, 2014, at the Seoul Northern District Court, a fine of KRW 1,50,000 to a violation of road traffic law (drinking driving), respectively.

On May 16, 2018, the Defendant driven a Ccoon vehicle under the influence of alcohol content of approximately 0.113% from the 2km section from the Cheongnam-si, Yangju-si, to the same Si-si, the Cheongnam-si, the Cheongnam-si, to the same Si-si, to the same Si-Myeon-si, the Do-si, the Do-si, the Defendant was under the influence of alcohol content of about 831 meters from the 2km section to the Do-si, the Do-

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and investigation report (report on the circumstances of the driver under driving under driving under drinking);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment as the defendant continues to drive under drinking even though he/she had been sentenced twice a fine due to drinking. However, the defendant's disposal of the vehicle after the crime of this case, etc. does not drive under drinking again, such as the blood alcohol concentration at the time, the defendant's age, sex, environment, motive, means and consequence leading to the crime of this case, the circumstances before and after the crime of this case, and other factors for sentencing specified in the arguments of this case shall be determined as the order by taking into account the following factors:

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