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(영문) 의정부지방법원 2018.05.15 2018고단933

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

[criminal history] On March 17, 201, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 17, 201, and on September 16, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 1.5 million won for the same crime from the support of the Daegu District Court within the Dong-dong branch on September 16, 2015.

[Criminal facts]

1. On March 9, 2018, around March 23:49, 2018, the Defendant driven B K7 car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.114% in blood, from the street in front of the YY-dong, Seowon-si, Seowon-si, Gyeonggi-do, to the front of the YY-si, the YY-si, the YY-si, the Y-si, the YY-si, the Y-si, the Y-si, the Y-si, the GG-si

2. On March 10, 2018, the Defendant, as described in paragraph 1, was under the control of a police officer who was under the influence of alcohol prior to the station of the government of the police station in the police station in his/her own interest due to his/her own interest while driving under the influence of alcohol.

On March 10, 2018, at around 03:11, the Defendant driven B K7 cars while under the influence of alcohol content of about 800 meters in blood, from the street in front of the 2-dong Do government of the Do-si, Gyeonggi-do to the back of the Seoul Arts Center (the foregoing Dmark formula) in the same West circulation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, on-site photographs, a statement on the situation of the driver with the main driver, and report on internal investigation (applicable with the above dic mark);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Despite the fact that the Defendant had two times before and after drinking alcohol drivers, the reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, the Defendant repeated the instant drinking twice. In particular, the Defendant was found to have been able to drive alcohol under Article 62-1 of the instant judgment, and subsequently re-undertake the same time after several times.