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(영문) 의정부지방법원 2017.09.27 2017고단3605

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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 October 9, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court on the grounds that he/she was sentenced to a fine of 10,000 won, and on November 2, 2012, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (drinking driving) at the Seoul Central District Court on the grounds that he/she

On 14, 2017. 00:01, the Defendant started from the road of 2nd Do Government-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, Ma-si, 00:02 on the same day, and driven B EX car under the influence of alcohol content of about 0.141% in the 1km section to the front day.

As a result, the Defendant was punished for drinking more than twice, but was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;