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(영문) 의정부지방법원 2017.09.12 2017고단1595
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

On September 23, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on September 23, 2008, and a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on December 5, 201, respectively.

[2] On February 28, 2017, the Defendant driven B rocketing car with approximately 200 meters alcohol leveling to 0.101% alcohol leveling from the front of the New Dobre New Apartment apartment, which is located in the Dong-dong of the Government of Gyeonggi-do, to the front road of the Yongsan-dong of the Government of Gyeonggi-do.

On December 5, 2011, the Defendant received a summary order of KRW 2 million and a fine of KRW 5 million from the Seoul Western District Court as a crime of violating the Road Traffic Act (dacting driving), respectively, on December 5, 201.

[2] On March 3, 2017, the Defendant driven a 800-meter B rocketing car in front of the Mano-si Mano-si, under the influence of alcohol 0.119% during blood transfusion around 23:5 on March 3, 2017.

Summary of Evidence

"2017 Highest 1595"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries "2017 Highest 3170";

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The fact that the defendant had been able to drive a drinking and four times prior to his/her driving of drinking, repeated driving of the instant drinking at intervals of about a week, in the case of the case of the second class 317 of the height of drinking, the fact that he/she caused a physical accident due to his/her driving of drinking, except in the case that:

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