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(영문) 의정부지방법원 2017.11.29 2017고단3826
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

On November 7, 2008, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on November 7, 2008, and on September 16, 201, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 16, 201 and was sentenced to a suspended sentence of two or more times.

On August 5, 2017, the Defendant driven a D SP car at a section of approximately 100 meters from the road front of the bank located in the same Ri, from the mutual influence road in the Eup/Myeon due to the 0.122% alcohol level while under the influence of around 00:47 on August 5, 2017.

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. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

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