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(영문) 의정부지방법원 고양지원 2018.09.04 2018고단1235

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 19, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court, and on October 2, 2015, the Defendant was issued a summary order of KRW 4.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court.

On April 13, 2018, the Defendant driven B k or car under the influence of alcohol content of about 0.219% from the 3km section of the same day from the Do in front of a mutually influent restaurant near Sungyang-gu, Seoyang-gu to the 457 front road in the same Do, Dong in the same Do on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking and a written inquiry about the results of crackdown on drinking driving and an appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act (Article 62(1) of the same Act provides that although alcohol content is high in blood, it has been measured by 0.07% when measured by respiratory method, reflects the fact

1. An order to attend a course under Article 62-2 of the Criminal Act;