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(영문) 의정부지방법원 2017.05.23 2016고단5410

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 by a district court having jurisdiction over the jurisdiction over the violation of the Road Traffic Act (drinking driving), and on March 16, 2015, the Defendant was issued a summary order of KRW 7 million by the same court due to the same offense, etc.

On November 5, 2016, the Defendant driven CN-si car at approximately 150 meters away from the 150-meter section of alcohol level to the parking lot located in the Eup/Myeon office, which was the draft of the Eup/Myeon office, due to around 06:12 around November 5, 2016, while under the influence of alcohol leveling to 0.10%.

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. Statement made by the police against D;

1. Report on the circumstances of driving a drinking alcohol, notification of the results of regulating drinking driving, and on-site photographs;

1. References to inquiries, such as criminal history, reporting on the results of investigation before and after the previous conviction, and applying Acts and subordinate statutes to reports on investigation (verification of driving skills under drinking not less than twice);

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. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The court shall observe the order of protection, community service and lecture attendance, five times prior to the suspension of the execution of drinking, one time prior to the suspension of the execution of drinking, one time prior to the actual conviction of a police officer in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one time prior to the police officer dispatched to a police officer after committing a crime, etc., and the circumstances and favorable circumstances after committing the crime: reflectiveness, the distance of driving under drinking (150 meters), the distance of driving under drinking (150 meters), and the police officer before the suspension of the execution of drinking, but the court shall have prior criminal records for about ten years prior to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the decision of a sentence and a sentence shall be made after nine years prior to