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(영문) 의정부지방법원 2017.11.21 2017고단2739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 27, 2013. On September 27, 2013, the Defendant was sentenced to a suspended sentence of two years and an order to attend a course for six months for a crime of violating the Road Traffic Act (drinking driving) by the same court.

Criminal facts

On June 9, 2017, the Defendant driven a 2km CK5 vehicle at a distance of 2 km up to the front of the Jin-gun Community Center located in the Sincheon-si, Sincheon-si, Sincheon-si, in the influence of alcohol content of 0.146% among blood transfusion around 02:10.

On May 29, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 29, 2013, and on September 27, 2013, the Defendant was sentenced to a suspended sentence of two years and an order to attend a course for six months for the same crime in the same court.

Criminal facts

On June 29, 2017, while the Defendant was under the influence of alcohol content 0.139% during blood transfusion, the Defendant driven a 30km CK5 car at the point of 4.8km in the Southern-gu Incheon Metropolitan City from Kimpo-si to the border highway ( Incheon Direction) located in the south-gu Incheon Metropolitan City.

Summary of Evidence

"2017 Highest 2739"

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking alcohol and investigation reports (in-depth investigations of reporters and revision of the distance from driving of drinking alcohol);

1. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2017 Highest 3822";

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and selection of imprisonment for a crime under the relevant provisions 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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the defendant's recognition of the crime in this case and reflects the defendant) of the Act on Reduction of Small Quantity is two times a person driving alcohol, and one of them is a person driving alcohol in this case two times even though he was a person before the suspension of execution.

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