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(영문) 의정부지방법원 2018.08.28 2018고단2475
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 August 29, 2006, the Defendant issued a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving) at the Jung-gu District Court on August 29, 2006, and on August 12, 2010, the same court issued the summary order of KRW 2.5 million as a fine for the same crime.

Criminal facts

On June 10, 2018, the Defendant driven a 126 CU convenience shop in the front of the 126 CU convenience store in the Eup/Myeon from around 70 meters away from approximately 0.131% alcohol concentration to the front parking lot in the 412 Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the report processing table 112;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order);

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight (limited to a distance of 70 meters for driving alcohol, the circumstances leading to driving alcohol of this case, the circumstances leading to driving alcohol of this case, and the defendant's previous convictions, but both of them were punished by a fine and the previous convictions before 2010);

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

1. Article 62-2 of the Criminal Act provides that the Defendant had repeated driving of the instant drinking alcohol even though he/she had a previous and four times before driving alcohol.

However, a punishment shall be determined in consideration of the fact that the driving distance of drinking was 70 meters, the circumstances leading to the driving of the drinking of this case, the criminal defendant's previous convictions, but all of them were punished by a fine before 2010.

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