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(영문) 의정부지방법원 고양지원 2017.10.20 2017고단2262

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 13, 2007, the Defendant was issued a summary order of a fine of KRW 1.5 million to a person who violated road traffic law (drinking driving), and on November 28, 2008 at the same court on November 28, 2008, respectively, on two or more occasions in order to punish drinking driving.

Nevertheless, on July 11, 2017, the Defendant driven a B Kazon car under the influence of alcohol content of 0.177% in the vicinity of the store of the same Eup/Myeon from the restaurant of the “Yeocheon-ro Dol,” which is located in the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, to the road located in the same Eup/Myeon-ro 4 of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. Reasons for sentencing under Article 62-2 of the Criminal Act [ favorable circumstances] Confession and reflectivity, and the records of the same punishment exceeding fines (unfavorable circumstances ] The records of punishment for driving drinking three times, and the records of higher alcohol concentration in blood;