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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2645
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 8, 2011, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court (Seoul Southern District Court) and a fine of KRW 5 million as a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court on February 13, 2017.

On October 3, 2018, the Defendant driven B 100 meters away from the 15:05 blood alcohol concentration of 0.181% from the junyang-gu Hayang-gu Hayang-gu Hayang-dong Hayang-dong Hayang-gu to the 139-6 front road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions: References to inquiries, such as criminal history, reporting of minor convictions, and the application of Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the sentence like the order shall be made by taking into consideration the facts leading to the crime of sentencing under Article 62-2 of the Criminal Act, the confession and reflection thereof, the fact that there has been records of punishment due to drinking driving, the fact that drinking is high, the age of the defendant and other factors of sentencing as prescribed by Article 51 of the Criminal Act, such as

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