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(영문) 의정부지방법원 고양지원 2018.12.13 2018고단2527
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 April 15, 2008, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1,00,000 and KRW 3,00,000 for the same crime from the Ulsan District Court on June 10, 2014.

On October 9, 2018, the Defendant driven B rocketing car in the state of alcohol concentration of approximately 0.115% in a section of about 1 Km, 30 U.S., in the middle of the Seo-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, the Defendant was under the influence of alcohol leveling from around 23:36, 2018 to Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the discovery of a case that is suspected to violate the Traffic Act on roads, and reporting on the situation of driving on the roads;

1. (A) of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes of a report on investigation (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 Defendant had been punished three times (one time each time each year in 1996, 2008, and 2014) due to drinking driving prior to the instant crime, and even though he had had the record of being punished by a fine, the Defendant again committed the instant same drinking driving without being well aware.

It is necessary to punish defendants who repeat the same mistake more strictly.

The alcohol concentration level of the blood of this case is also reasonable.

However, in light of the fact that the defendant recognized the crime of this case and reflected his mistake, and other circumstances revealed in the records and theories of this case, such as the background of the crime of this case, drinking driving distance, the age of the defendant, sexual conduct, living environment, and the circumstances after the crime, the punishment as ordered shall be determined.

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