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(영문) 의정부지방법원 2017.12.12 2017고단3738

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 28, 2008, the Defendant was sentenced to a summary order of KRW 700,000 as a crime of violating road traffic law (drinking driving) in Gyeyang Branch of the Jung-gu District Court on November 28, 2008, and on August 10, 2009, the same court issued a summary order of KRW 3 million for the same crime and has been punished for drinking driving two times or more.

Criminal facts

Nevertheless, on August 4, 2017, the Defendant driven a 500-meter low-priced car in the middle of a villa 97 located in Yangju-si, Ho-si, Yangju-si, Yangju-si, Hoi-si, Tri-si, Tri-si, Tri-si, Tri-si, in the state of alcohol 0.214% of alcohol content among blood transfusion around 20:50 on August 4, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents, and 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act: (a) three times before and after the driving of alcohol for the reason of sentencing under Article 62-2 of the Order to Attend Education; (b) the significantly high alcohol level in blood was 0.214%; (c) the driving of a simple drinking without being confined to the occurrence of a physical accident; and (d) the Defendant attempted to flee after the occurrence of a physical accident; (b) the Defendant has committed an escape; (c) the same criminal record was a criminal record before 2009, which was relatively identical