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(영문) 의정부지방법원 2018.04.24 2018고단277
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

[criminal history] On June 27, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law at the Jung-gu District Court on the part of June 27, 2013, and was sentenced to 1.5 million won of a fine at the Jung-gu District Court on March 2, 2009.

[Criminal facts] The Defendant is a person driving a rash drive B.

On December 22, 2017, the Defendant: (a) started from Jin-Eup in Jin-si in Jin-si in the Namyang-si of Gyeonggi-do; and (b) driven the said vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.111% from the 800m section of Geum River-ro to the road in front of 1661.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 reason for sentencing under Article 62-2 of the Criminal Act includes two times the accused's previous convictions of drinking alcohol, and one of them is the previous convictions of suspended sentence: Provided, That it is limited to about 800 meters in the distance of drinking alcohol driving, and it is against the accused; and

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