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(영문) 의정부지방법원 2017.10.27 2017고단3348

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On January 14, 2015, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) from the Jung-gu District Court, and on October 20, 2015, the Defendant received a summary order of KRW 2 million for the same crime from the same court.

[2] On July 5, 2017, the Defendant was under the influence of alcohol content of 0.202% in blood around 18:50 on July 5, 2017. The Defendant driven a single-style apartment house of 103 10 meters in front of the apartment house of 103 to 104 in front of the same apartment house of 104 meters in Yangju-si.

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;