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(영문) 의정부지방법원 고양지원 2017.09.20 2017고단2365

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 29, 2007, the Defendant was issued a summary order of KRW 2,50,000,000,000,000 from the Jung-gu District Court on July 18, 2008 due to the same crime as a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court.

The Defendant, who violated Article 44(1) of the Road Traffic Act two times or more, once again, driven approximately 200M in the eth of Eunpyeong-gu 200-1, from the Do in front of the shooting distance of the Western Hospital located in the Eunpyeong-gu Seoul Metropolitan Government, on July 27, 2017, while under the influence of alcohol content of 0.080% among the blood transfusion around 05:19 on July 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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 subparag. 1 subparag. 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2008Da1548, Sept. 2, 2008; Supreme Court Decision 2008Da1134, Sept. 2, 20

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;