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(영문) 의정부지방법원 2018.08.10 2018고단2380
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 25, 2008, the Defendant was issued a summary order of KRW 1500,000,000 as a fine for a crime of driving under the Road Traffic Act, and KRW 3 million as a fine for the same crime in the same court on July 30, 2012, respectively.

On May 31, 2018, the Defendant driven D K5 cars under the influence of alcohol with about 0.097% alcohol concentration in the section of approximately 600 meters south-ro, 760-9, south-do, Namyang-si, Namyang-si, the south-si, the Nam-gu, the Namyang-si, the Republic of Korea, around 22:43, 201.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, and Articles 148-2 of the same Act and the imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been subject to criminal punishment for the same crime several times even before the suspension of execution.

Nevertheless, the instant crime committed while driving under the influence of 0.097% alcohol concentration during the re-blood.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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