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(영문) 의정부지방법원 2017.11.03 2017고단1758
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been sentenced to a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act on September 25, 2008, and a summary order of 4 million won or more for a crime of violating the Road Traffic Act on February 17, 2009, and a fine of 4 million won or more for a crime of violating the Road Traffic Act on November 9, 2012.

Nevertheless, on April 3, 2017, the Defendant again driven a 13:35 square vehicle with a maximum of 5 km from the same dong-dong distance to the same dong-dong car on the front of the Yama metal with a maximum of 0.145% alcohol concentration in the blood around 13:35, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

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