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(영문) 의정부지방법원 2017.09.22 2017고단2417

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 January 29, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1,50,000 for a fine of KRW 1,00,000 for the same crime from the Suwon Flag method Board on April 10, 209, respectively.

On May 13, 2017, around 01:37, the Defendant driven a B S-type car with a alcohol content of 0.119% from a 1 km section in both weeks, from the road before the opening of the “protruding” store located in the Mansan Eup, Man-si, Yangju to the road before the Mansan Eup, Man-si.

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. Notification of 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. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;