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(영문) 의정부지방법원 2018.01.16 2017고단3960
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 October 5, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million for the same crime in the same court on August 3, 2016, respectively.

Criminal facts

On August 22, 2017, under the influence of alcohol level of 0.148% among the blood transfusions around 21:40 on August 22, 2017, the Defendant driven a motor vehicle of approximately 50 meters in front of the C cafeteria located in Gyeonggi-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking, and inquiry of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was two times before driving alcohol, and a relatively recent year of 2016, was a previous driving under the influence of alcohol, and the alcohol concentration among the blood of this case is high.

may be filed.

However, the punishment shall be determined in consideration of the fact that the defendant is against the defendant, the same criminal record as or more than the suspension of execution, and the distance of driving is about 50 meters.

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