(영문) 의정부지방법원 2018.04.24 2018고단167

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Reasons

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줄 간격

자간(%)

(영문) 의정부지방법원 2018.04.24 2018고단167

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

On March 26, 2013, the Defendant was sentenced to a fine of six million won due to a violation of the Road Traffic Act (drinking driving), etc. by the District Court of the Republic of Korea, and on January 8, 2016, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (dacting driving) at the District Court of the Jung-gu District Court.

On January 4, 2018, the Defendant driven BMW car in the state of 0.078% alcohol concentration in blood from the Korea Petroleum Corporation located in Acheon-si around 00:02 to the GMW car in the state of 0.078% under the influence of alcohol concentration in approximately 2km from the Guri-si to the Guri-si 338.

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 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (the fact that the alcohol content in blood is not relatively high by 0.078%, 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. Two times before and after the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That it is not relatively high to 0.078% of alcohol during blood, reflects the fact, and there is no previous conviction of the same kind or higher in the suspension of execution; and

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