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(영문) 의정부지방법원 고양지원 2015.09.24 2015고단1837

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2015 Highest 1837] On April 27, 2009, the Defendant was issued a summary order of KRW 700,000,000,000 from the Seoul Western District Court to a fine for a violation of the Road Traffic Act (driving) and on October 21, 201, to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).

Although the Defendant had had had a alcohol driving twice as above, on July 22, 2015, the Defendant driven a C-wing vehicle with approximately 2 km from the section of approximately 2km to the roads near the Jincheon-ri, Seocheon-ri, Seocheon-ri, Gocheon-ri, in the state of alcohol level 0.092% under the influence of alcohol level around 21:10 on July 22, 2015.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

[2015 Highest 2028] On April 27, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 27, 2009, and on October 21, 201, at the Goyang Branch of the Jungyang District Court on October 21, 201, a fine of KRW 4,00,000 was imposed for a violation of the Road Traffic Act (driving). On July 30, 2015, the Defendant was charged with non-detained as a crime of violation of the Road Traffic Act (driving) and is still pending trial.

As above, the Defendant driven a vehicle C with approximately 400 meters away from the parking lot of the cooking and Eup office located in Yacheon-gu, Sowing-si, in the state of alcohol leveling 0.053% of alcohol level around July 24, 2015, even though the Defendant had three times of alcohol driving. In other words, the Defendant driven a vehicle C with approximately 400 meters away from the parking lot of the cooking and Eup office located in the same Eup brain of the same Eup to the front road of the Nene-si.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

[2015 Highest 1837]

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol;

1. Inquiries about the result of crackdown on drinking driving;

1. Previouss before ruling: A reply to inquiries, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

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