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(영문) 의정부지방법원 2018.01.16 2017고단3965

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for nine 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 December 4, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court on the same day, and on February 16, 2012, the same court issued a summary order of KRW 5 million for the same crime, etc.

Criminal facts

On August 2, 2017, the Defendant driven a string vehicle B from the 5km section to the 343-52 km route from the Yan-si to the 343-52 Yan-si Yan-si, both of which were under the influence of alcohol content 0.074% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (i.e., reflectiveness, the circumstances leading to driving under alcohol, the fact that alcohol concentration in blood is not relatively high, and the fact that there is no criminal conviction of the same kind or higher in the suspension of execution);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a criminal record before and four times before drinking, and a criminal record who has escaped after causing a traffic accident without being limited to a simple drinking driving.

다만 피고인은 전날 마신 술이 어느 정도 깼다고

I think of the driving of the instant case and determine the punishment in consideration of the details of the driving of the instant drinking, the details of the blood alcohol concentration in the instant blood, and the fact that there is no criminal record of the same kind of suspension of execution or higher.