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(영문) 의정부지방법원 2017.11.14 2017고단3350

도로교통법위반(음주운전)

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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 November 17, 2008, the Defendant received a summary order of KRW 3 million from the Incheon District Court due to a crime of violating the Road Traffic Act (drinking driving), and on March 7, 2013, a summary order of KRW 4 million from the Incheon District Court to a crime of violating the Road Traffic Act (drinking driving), respectively.

around 23:00 on July 13, 2017, the Defendant driven a Bsch Rexton car under the influence of alcohol content of about 500 meters at approximately 0.155% from the front day of the mutual influorial drinking house in Mando-Eup, Man-ro, Man-ro, 71 Man-ro, Man-ro, to the front day of the Dokdo Island 23 Man-ro.

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 inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. In the case of sentencing under Article 62-2 of the Criminal Act, two times a criminal defendant is subject to driving under the influence of alcohol, and one time a traffic accident is not a simple driving under the influence of alcohol, but a traffic accident occurs not a simple driving under the influence of alcohol, and the driving of the instant drinking also causes a traffic accident, not a driving under the influence of alcohol: Provided, That it is against the criminal defendant, and it