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(영문) 의정부지방법원 2019.02.13 2018고단5076
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and on May 11, 2017, the same court received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act.

On November 23, 2018, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, driven a e-learning car under the influence of alcohol with approximately 200 meters alcohol concentration 0.083% from the Do in front of the Do in front of the Do in the House B in the city of Speaker-si on November 23, 2018 to the front road of the D apartment in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of the criminal history records, investigation reports, and summary order;

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

1. Article 62 (1) of the Criminal Act;

1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.083%.

The punishment as ordered shall be determined by comprehensively taking into account 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 record.

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