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(영문) 의정부지방법원 2018.04.25 2018고단503
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2, 2015, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the District Court of the Republic of Korea on November 2, 2015, and on November 8, 2017, the Defendant was sentenced to a fine of KRW 12,00,000 for the same crime in the same court.

Although the Defendant had been punished for drinking two or more times, on February 1, 2018, the Defendant driven CPoter-II trucks with approximately 4.5km alcohol concentration of about 0.061% while under the influence of alcohol leveling to about 0.061% on the front road of 1307, a 7:237, Dongwon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant has been punished for the same kind of crime.

In particular, after being sentenced to an amount of fine on November 8, 2017, the Defendant again committed the instant crime before the lapse of 3 months.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age, environment, criminal records, and alcohol concentration in the blood.

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