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(영문) 의정부지방법원 고양지원 2017.09.28 2017고단1686
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 12, 2009, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking) from the Jung-gu District Court's Goyang Branch on March 12, 2009. On October 19, 2012, the Defendant received a summary order of KRW 5,00,000 as a fine from the Jung-gu District Court for the same crime.

On May 19, 2017, the Defendant driven D SM5 car under the influence of alcohol concentration of about 0.067% in blood, from the 500-meter section to the ethal road of the trade name, i.e., “the sea on which 606 U.S., is situated” located in the Dong-dong, Dong-dong, Dong-dong, U.S., Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

On March 12, 2009, the Defendant received a summary order of KRW 100,00,000 as a fine for a violation of road traffic law (drinking driving) from the Jung-gu District Court's Goyang Branch on March 12, 2009, and on October 19, 2012, a fine of KRW 5,00,000 as a fine for a violation of road traffic law (drinking driving) from the Jung-gu District Court.

On June 12, 2017, the Defendant driven a 100-meter section from the Sinsan-gu, Seoyang-gu, Busan-si, Gyeonggi-do, in the state of alcohol with a 0.097% alcohol concentration among blood transfusions around 00:47 on June 12, 2017, to the front day of the jun-dong, Busan-gu, Sinsan-gu, Sinsan-gu, Seoul-gu, Seoul-gu, the Defendant driven a d SM5 passenger lane.

As a result, the Defendant driven a motor vehicle at least twice in the state of drinking again.

Summary of Evidence

[2017 Highest 1686]

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions indicated in the judgment: Inquiry of criminal history and investigation report (the same criminal record and confirmation of criminal suspect);

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant provisions of the Act concerning facts constituting an offense;

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