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(영문) 의정부지방법원 2018.08.22 2018고단2399

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 23, 2018, the Defendant: (a) around 04:01 on April 23, 201, the Defendant driven a Cti-gu car under the influence of alcohol content of approximately 0.122% in alcohol during the blood, while under the influence of alcohol content of about 5km at approximately 0.122% in front of 36 Raba, Jin-gu, Jin-gu, Jinyang-si, Jin-si; (b) around 04:01, May 23, 2018.

2. On May 7, 2018, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on November 2, 2015. A person who, as described in paragraph (1) around April 23, 2018, performed drinking and violated Article 44(1) of the Road Traffic Act twice or more times.

On May 7, 2018, the Defendant driven a CT-gu car with approximately 500 meters alcohol concentration of about 0.11% in blood, while under the influence of alcohol concentration of about 0.11% in front of the fact that the Defendant had been on the street 3:171, 1530-2, 1530-2, 150-2, and 500 meters in front of the fact that the Defendant had been on the road in Jin-gu, Jin-Eup, Jin-gu, Jin-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol;

1. On-site photographs;

1. Driver's license and on-site photographs;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant Article of the Act and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (see, e.g., Supreme Court Decision 148-2(1)1 and 44(1) of the Road Traffic Act (see, e.g., Supreme Court Decision 200Do154, Feb. 1, 200); imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has been punished for the same crime (drinking and unlicensed driving) even before the defendant.

Nevertheless, on April 23, 2018, the first crime was committed while driving under the influence of 0.122% of alcohol content among blood, and the second crime was committed under the influence of 0.111% of alcohol content among blood on May 7, 2018.

All of the crimes are vehicles with the driving of the vehicle by the defendant.