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(영문) 의정부지방법원 2018.04.18 2017고단4670
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On September 30, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Jung-gu District Court on September 30, 2008, for a fine of KRW 1.0 million for the same crime in the same court on April 20, 2014, and for a fine of KRW 5 million for the same crime from the Daegu District Court's Ansan Branch on February 4, 2015.

[Criminal Facts] On August 23, 2017, the Defendant: (a) was a person who violated the drinking prohibition regulations on two or more occasions; (b) was driving B Myp car under the influence of alcohol with the alcohol content of 0.076% from the day before the restaurant in which the trade name in the Gyeyang-dong in Yangju-si cannot be known; and (c) from the day before the restaurant in which Yangju-si cannot be identified, the Defendant driven B Myp car under the influence of alcohol content of 0.076% on the road in front of

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report (Attachment Reports, such as a copy of 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 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

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