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(영문) 의정부지방법원 2017.09.19 2017고단2445
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 June 13, 2014, the Defendant issued a summary order of 500,000 won of a fine for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 15, 2008, and a summary order of 1.5 million won of a fine at the same court on June 13, 2014, respectively.

On May 9, 2017, the Defendant driven a B SP car in a state of alcohol of about 0.20% of alcohol content in blood at a section of approximately 700 meters of 36 fungi fung fung fung fung fung, a city of 260-ro, East-si, East-gu, East-gu, 200.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. A survey report on actual condition and a report on the detection of a driver engaged in 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: Three times before and after the driving of drinking alcohol, the traffic accident caused by the driving of drinking of this case, and the blood alcohol concentration (0.20%): Provided, That it shall be considered that there is no previous conviction exceeding a fine, and that there is no previous conviction in excess of a fine;

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