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(영문) 의정부지방법원 2018.11.27 2018고단4215
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On November 23, 2016, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon Franchising Station on the ground of violation of the Road Traffic Act, and on January 4, 2017, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of four million won for the same crime from the same court on the same day.

[Criminal facts] On September 2, 2018, the Defendant driven B Span-type car under the influence of alcohol leveling 0.085% in alcohol leveling to approximately 1.2km of approximately 1.2km in front of the beginning of the 20th parallel, the same time frame from the shooting distance of the Dog-si Dog-si, Sin-si, Sin-si, Sin-si, Sin-si, to the same time frame from September 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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. 작량 감경 형법 제 53 조, 제 55조 제 1 항 제 3호( 전날 마신 술이 어느 정도 깼다고

I think it is 11:45 driving at a level of 11:45 and has weak degree of intention to drive alcohol, alcohol concentration of less than 0.1% during blood, and reflects it.

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times before and after the driving of drinking, the Defendant has a disadvantage to repeating the driving of drinking in this case.

다만 전날 마신 술이 어느 정도 깼다고

The punishment shall be determined in consideration of the fact that the driver's license is weak and that the driver's license is less than 0.1% in blood, the alcohol concentration is less than 0.1%, and reflects that the driver's license is driven at around 11:45.

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