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(영문) 의정부지방법원 2017.12.12 2017고단3785

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

On April 2, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on April 2, 2009, and on November 5, 2015, the Defendant received a summary order of KRW 4 million as a fine for the same crime from the vice branch of the Incheon District Court.

Criminal facts

On July 9, 2017, the Defendant was under the influence of alcohol content of 0.101% during blood transfusion around 05:20, the Defendant driven a liquid car with 8 km-2, a 8km-ro, a fluora in front of the “ear Trading mountain site” located in 1665-10, 165-10, fluora-si, breacheon-si, East-si, and gluor-do, in front of the “ear Trading mountain site.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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: The fact that there are two times before and after driving under the influence of alcohol in this case; the fact that the driving under the influence of alcohol in this case causes a physical accident; the fact that there is no previous conviction exceeding the fine; and the fact that physical accidents are insignificant