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(영문) 의정부지방법원 2017.06.27 2016고단4892

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

Reasons

Punishment of the crime

On May 25, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws (drinking driving) at the Seoul Eastern District Court on September 23, 201, a fine of 2 million won for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court on September 23, 201, and a suspended sentence of 1 year for a violation of road traffic laws (drinking driving) at the Seoul Northern District Court on September 14, 2012.

Nevertheless, around 08:41 on August 6, 2016, the Defendant driven a BF car with approximately KRW 5k alcohol content 0.190% in alcohol while under the influence of alcohol at around 0.190% in front of the 298 king-si, Jung-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

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 highest alcohol content in blood (0.190%), three times before driving alcohol, drinking driving, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Drinking and Specific Crimes, etc.) before probation and one time before suspension of execution (a relatively recent previous crime as a previous crime in 2012): Determination of reflectness and sentence: Other consideration of the defendant's age, sex, environment, circumstances after the crime, etc.;