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(영문) 의정부지방법원 2017.04.14 2017고단641
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

[criminal history] On November 8, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic laws (drinking driving) at the Jung-gu District Court on November 8, 2007, and was sentenced to a summary order of 2 million won for a violation of road traffic laws (drinking driving) at the Jung-gu District Court on December 4, 2014.

[2] Although Defendant 1 had been able to violate the provision prohibiting driving of alcohol twice or more, Defendant 2 again, in violation of this provision, driven B-A6 car under the influence of alcohol content 0.184% at approximately 10 kilometers from 10 kilometers to 45, the 23:40 on February 11, 2017 at the 23:40 on the roads in the 2nd city of the city of the Government of Gyeonggi-do, the 2nd city of the Government of Gyeonggi-do to the 45nd road of the Gu-si.

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 a reply to inquiry, such as criminal history, and investigation report (Attachment of a copy of summary order) 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. An order to attend a course under Article 62-2 of the Criminal Act;

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