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(영문) 의정부지방법원 2018.05.29 2018고단302
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of Road Traffic Act (drinking) at the Jung-gu District Court on May 26, 2008, and a fine of KRW 4 million on January 19, 2012 by the Jung-gu District Court on January 19, 2012.

On January 11, 2018, the Defendant driven B SP car under the influence of alcohol content of about 0.130% during blood while under the influence of alcohol content, even before Ssamcheon-si, Sincheon-si, Sincheon-si, Sincheon-si, Sincheon-si, Sincheon-si, the additional area of which is about 1 km from the front of the road to the road of 359 Esp car at the same time.

around 12:15 on March 4, 2018, the Defendant, “2018 Godan 1115,” brought a dispute with a person who was sitting next to the Defendant, while drinking for drinking boomed with the victim D(43).

The Defendant heard from the injured party the word “I am hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hyen

Summary of Evidence

"2018 Highest 302"

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2018 Highest 115";

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to photographs of criminal tools), investigation report (verification of details of victim treatment);

1. Article 148-2 (1) 1, Article 44 (1) (the occupation of drinking and the choice of imprisonment), Article 258-2 (1) and Article 257 (1) (the occupation of special injury) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, with the reason of sentencing of Article 62-2 of the Criminal Act, repeated the instant drinking of alcohol, including the previous convictions, even though he/she had been sentenced to imprisonment, and repeatedly repeated the instant drinking.

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