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(영문) 의정부지방법원 고양지원 2019.08.21 2018고단1652

A defendant shall be punished by imprisonment with prison labor for not more than ten months.


Punishment of the crime

Around September 13, 2013, the Defendant was issued a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the District Court of the Republic of Korea on September 13, 2013. On April 20, 2018, the Defendant was issued a fine of KRW 1,50,000 for the same crime in the same court.

On June 9, 2018, the Defendant was under the influence of alcohol of 0.109% with blood alcohol concentration of 0.109%, and the Defendant was driving a chip car within a 1km section from the Do in the So-ri-ri, So-ri, Young-ri to the members of the same Eup/Myeon to the front of the ridge distance.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. The actual condition survey report;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (attached to the same type of summary order), and application of Acts and subordinate statutes of each summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. The punishment shall be determined as per the order, in consideration of the fact that there are two times the records of punishment for driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the occurrence of traffic accidents during driving under the influence of alcohol, the relatively high level of drinking alcohol, the confession at an investigative agency of a crime, the age of the accused, etc., and other factors such as the sentencing conditions under Article 51 of the Criminal Act