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(영문) 의정부지방법원 2017.05.16 2017고단111
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 August 31, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court) on August 31, 2007, and on March 12, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic laws (drinking driving) at the Jung-gu District Court.

Criminal facts

Although the Defendant had been in violation of the provision prohibiting driving of alcohol more than twice again, the Defendant, in violation of the above provision, driven B EX car at around 03:20 on November 27, 2016, and on the roads from the front day of the offline in Seoul Special Metropolitan City Nowon-gu, Nowon-gu, to the front day of the offline in the offline of the Gyeonggi-do Government-si, Busan Metropolitan City, 8-2, about 10 kilometers, while under the influence of alcohol at around 0.152% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, reporting on the circumstances of driving at home, and inquiry into the results of crackdown on drinking driving;

1. Accident scene and vehicle photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The three times in the same electricity, the higher alcohol content during blood (0.152%) and the higher circumstances that cause a traffic accident (physical accident) due to the driving of the instant drinking: Determination of a sentence that has no criminal record of at least the same kind of suspended execution, and the decision of a sentence that has not been sentenced: Other factors such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.;

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