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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2936

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On January 17, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 17, 2014, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on November 11, 2015.

[2] On September 21, 2017, around 01:09, the Defendant driven a vehicle BCCOD 2.4 under the influence of alcohol leveling 0.184% from a section of approximately 6km in the direction of alcohol leveling from the 0.184% to the roads near the west-gu, Seo-gu, Busan Metropolitan City, Seo-gu, Busan Metropolitan City to the Yandong-si, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. A previous conviction: An inquiry about criminal history and the application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Taking into account all circumstances, such as the defendant's records of punishment for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the background and distance of drinking driving, etc.