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(영문) 의정부지방법원 2018.01.16 2017고단3957

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

On September 14, 2007, the Defendant issued a summary order of KRW 1,50,000,000 for a fine for a violation of road traffic law at the Jung-gu District Court on September 14, 2007, a summary order of KRW 3.5 million for the same crime in the same court on May 18, 2015, and a summary order of KRW 5 million for the same crime in the same court on August 17, 2015, respectively.

Criminal facts

On August 4, 2017, under the influence of alcohol concentration of 0.067% among the blood transfusion around 07:20, the Defendant driven BM5 cars from the parking lot in the Dobcheon-ro, Dobcheon-ro, Nancheon-ro, Nancheon-ro, Nancheon-ro, Nancheon-ro, to the front way of the Sudu-si, Nancheon-si, Nancheon-ro, Nancheon-do, Nancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (the circumstances leading to driving of the instant drinking, the details leading to driving of the instant drinking, the alcohol concentration at 0.067% in blood, and the factors that are against the law are not relatively high);

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has reached three times before and after drinking, and among which, in 2015, the Defendant has repeated driving of drinking in a relatively recent period, such as the two times before and after drinking alcohol.

다만 피고인이 전날 저녁에 술을 마신 후 상당 시간 취침을 하고 다음 날 아침에 술이 어느 정도 깼다고

The punishment shall be determined in consideration of the circumstances of the drinking driving, the details of the blood alcohol concentration of 0.067%, the fact that it is not relatively high, and the fact that it is against the law.