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(영문) 의정부지방법원 2018.04.17 2018고단9
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 January 27, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law at the Seoul Northern District Court, and on January 6, 2014, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court.

[Criminal facts] On December 20, 2017, the Defendant driven B B B B in the section of about 50 meters in the state of alcohol alcohol content from the front of the soil depth restaurant 217, Cheongnam-ri, Cheongyang-si, to the front of the same city, Cheongnam-si, Cheongyang-si, to the front of the 212, Cheongnam-ri, Cheongyang-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the situation of the driver in charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

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. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (including the fact that alcohol content in blood is not relatively high by 0.070%, it is limited to about 50 meters from the driving distance of alcohol, the fact that it is against nature, and the fact that there is no criminal record of the same kind or higher in the suspension of execution);

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 is that the accused has a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles) and a criminal record of a drinking twice: Provided, That it is not relatively high since the blood alcohol concentration is 0.070%, it is only about 50 meters away from driving under the influence of alcohol, it is against the law, and it is not like a criminal record of a stay of execution or more;

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