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(영문) 의정부지방법원 2018.01.12 2017고단4009
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 29, 2006, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Northern District Court, and a fine of KRW 3 million for the same crime at the Seoul Northern District Court on January 07, 2008, respectively. On February 22, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Jungbu District Court on February 22, 2013 and two years of suspension of execution.

[2] On August 11, 2017, around 08:59, the Defendant driven BMW car under the influence of alcohol with approximately KRW 0.190% alcohol concentration in blood from around 280 meters to around 09:00 on the same day from around 16 to around 09:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

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;

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