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(영문) 의정부지방법원 2017.10.20 2017고단2900

도로교통법위반(음주운전)

Text

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 January 15, 2009, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million with respect to a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 3 million with respect to a crime of violating the Road Traffic Act at the Jung-gu District Court on October 19, 2015, respectively.

On June 13, 2017, the Defendant driven B K5 car under the influence of alcohol content 0.160% in blood from the 3km section of approximately 3km to the same 54 mp road from the spridge distance of the stone bridge located in the Guri-si, Siri-si, Siri-si, Siri-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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;