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(영문) 의정부지방법원 2017.05.16 2016고단5225

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 October 4, 2007, the Defendant was issued a summary order of a fine of three million won or more for a violation of road traffic law in support of Sungnam-gu Office of Friwon, and on June 19, 2015, the Defendant was issued a summary order of one million won or more for the same crime at the Jung-gu District Court.

On September 2, 2016, the Defendant: (a) driven the B nitling tower in the state of alcohol alcohol concentration of about 0.154% from the 300m section of blood at around 198, a 63-lane, in writing, a document from the Hanwon Steel-gun, the 63-lane, and from the 198-lane, to the road adjacent to the 3rd place.

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. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Determination of the defendant's age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc., that the amount of alcohol content is high (0.154%) and circumstances that are favorable to the driving of drinking and four times before and after drinking: Determination of the sentence: Determination of the defendant's age, sex, motive for committing the crime, etc.