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(영문) 의정부지방법원 2018.10.02 2018고단3239

도로교통법위반(음주운전)

Text

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

【Criminal Records of Crimes】 On March 28, 2007, the Defendant issued a fine of two million won for a crime of violating Road Traffic Act at the Seoul Northern District Court and a summary order of one million won for the same crime at the Jung-gu District Court on July 24, 2009, respectively.

【Criminal fact-finding on June 25, 2018, the Defendant driven B-V car under the influence of alcohol content of approximately 0.115% from the 1km section from the 1km to the 1st anniversary of the 1km road of the same Eup/Myeon from the convenience store where it is impossible to know the trade name in the lives of Pyeongtaek-gu, Pyeongtaek-gu, Pyeongtaek-gu, Singu, Pyeongtaek-do.

Summary of Evidence

1. Statement by the defendant in court;

1. 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 sentencing of Article 62-2 of the Criminal Act requires that the accused has a previous conviction of drinking alcohol or twice: Provided, That the punishment shall be determined by comprehensively taking into account the following facts: (a) there is no previous conviction of the same kind exceeding the fine; and (b) there is no previous conviction of the same kind before 2009; and (c) there