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(영문) 의정부지방법원 2017.11.28 2017고단3650
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

【Criminal Records of Crimes】 On October 9, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws, and a summary order of KRW 3 million from the Jung-gu District Court on June 15, 2015 to a fine of KRW 3 million for a crime of violating road traffic laws.

【Criminal facts” around July 30, 2017, around 21:45, the Defendant driven B rocketing car while under the influence of alcohol content of about 0.188% in the blood 80 meters from the 800m section to the same Doducheon-si, Dongdu-dong Industrial Complex.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. In comprehensive consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, two times before and after the driving of drinking, the escape at the time when the driving of drinking is controlled, the higher alcohol concentration in blood: Provided, That it is contrary to the fact, and there is no previous conviction exceeding the fine; and

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