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(영문) 의정부지방법원 2018.06.26 2018고단1356
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 27, 2007, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic laws at the Seoul Northern District Court on March 27, 2007, and a fine of three million won for the same crime at the Seoul Eastern District Court on April 16, 2010.

【Criminal facts】 On April 8, 2018, the Defendant driven a B-use car under the influence of alcohol content of approximately 0.134% from the 80-meter section of blood alcohol to the 301st road of the 301st apartment of the same Singue 2096 T-type 3096 T-type Dokdong, which is located in the T-type T-type T-type T-type T-type T-type T-type T-type T-type T-type 301.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents, reports on the scene of accidents, photographs of the scene of accidents, and notification of the results of crackdown on 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 reason for sentencing under Article 62-2 of the Criminal Act that causes a physical accident without being limited to a driving under the influence of alcohol and a driving under the simple drinking: Provided, That it reflects the fact that there is no criminal record of the same kind of probation or higher, all of the criminal records of the same kind of probation or the criminal record before 2010, and the environment of the defendant is comprehensively considered

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