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(영문) 의정부지방법원 2018.09.05 2018고단2087
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 February 9, 2010, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws at the Seoul Eastern District Court on six months. On May 7, 2018, the Defendant was subject to a summary order of two million won as a crime of violating road traffic laws (drinking driving) in the Incheon District Court’s Branch Branch on June 7, 2018.

Although the Defendant had been able to drive alcohol more than twice as above, on May 16, 2018, at around 20:35, the Defendant driven a C Mobbage car under the influence of alcohol content of about 0.092% from the 2km section from May 16, 2018 to the 798 front road at the same time from the cafeteria-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a copy of indictment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 Code of the Order to Attend a lecture is not only ten days but also ten days since the defendant was under the influence of drinking, and the defendant was under the influence of drinking, and the defendant was not under the influence of an acting driver, but also caused the crime of this case. The defendant's age, sex, environment, motive, means and consequence of the crime of this case, the motive, circumstance, means and consequence of the crime of this case, the circumstances before and after the crime of this case, and other factors of sentencing as set forth in the arguments of this case shall be determined as the order.

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