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(영문) 의정부지방법원 2017.11.14 2017고단3212
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 June 20, 2007, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. by the District Court of the Republic of Korea on June 20, 2007, and on May 29, 2014, the same court was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving).

On May 22, 2017, the Defendant driven BM3 vehicles under the influence of alcohol content of about 0.148% at a 300-meter radius from the front of the Sinri-si Sin-si Sin-si Sin-si Sin-si BM3 vehicles, which were under the influence of alcohol content of at least 0.148% from the 300-meter radius from the front of the Sinri-si Sin-si Sin-si

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Reporting on detection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a judgment) by statutes 1;

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 grounds for sentencing under Article 62-2 of the Criminal Act include two times a criminal defendant before driving alcohol, and the two times a criminal defendant causes a traffic accident due to driving of alcohol, not driving under simple drinking, and the driving of the instant drinking is found to have violated the Defendant’s signal signal, and the punishment shall be determined by comprehensively taking into account the following factors: (a) the degree of driving of the instant drinking is found to have been in violation of the Defendant’s signal

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