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(영문) 의정부지방법원 2018.11.06 2018고단3813

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

【Power of crime】 On August 16, 2006, the Defendant issued a summary order of a fine of one million won or more for a crime of violating road traffic laws at the Seoul Northern District Court on August 16, 2006 and a fine of two million won or more for the same crime at the Jung-gu District Court on October 5, 2012, respectively.

【Criminal Fact-finding on August 2, 2018, the Defendant driven B-low-scale car under the influence of alcohol content of approximately 0.102% from a section of about 100 meters from the front of the apartment complex in the Song-gu, Yacheon-si to the front road of the 41st city-ro of the same city-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and enforcement photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and inquiries about the results of crackdown on drinking driving ( July 8, 2006);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was two times before and after the driving of drinking alcohol. At the time of the instant case, the Defendant was under the control of the vehicle at the crosswalk in the intersection, and thus, the risk of driving alcohol was exceeded.

that is not a criminal record of the same kind exceeding the fine, taking into account the fact that it is against the fine.