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(영문) 의정부지방법원 2018.04.06 2017고단5138
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On February 16, 2010, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act by the Seoul Northern District Court on February 16, 201, and was sentenced to a fine of seven million won due to a violation of the Road Traffic Act by the Incheon District Court on November 1, 2017.

On October 29, 2017, around 05:04, the Defendant driven D truck under the influence of alcohol content of about 0.146% from a portion of about 8km to a day before the establishment of a separate office, which is located within 457 in the southyang-si, Chungcheongnam-si, Man-si, Namyang-do.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the situation of driving, a report on detection (violation of road traffic law-driving) and a report on the results of crackdown on drinking driving;

1. On-site photographs;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes attached to the same criminal suspect ruling;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 62-2 of the Social Services and Order to Attend Education Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. was committed by the defendant again, even though the defendant had the record of punishment for drinking driving in the past, and there was a fact that the defendant was punished by a fine for drinking driving three times. In particular, the defendant requested a summary order of KRW 7,00,000 due to drinking on October 23, 2017, and committed the crime of this case without being aware of it before the issuance of the summary order, and thus, the crime of this case was poor, and the defendant suffered damage to a third party, such as destroying it after receiving a blocking wall installed near the expressway (Tol) due to the crime of this case.

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