(영문) 의정부지방법원 2017.10.24 2017고단2735

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Reasons

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자간(%)

(영문) 의정부지방법원 2017.10.24 2017고단2735

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2010, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on February 25, 201, and a summary order of two million won for the same crime at the same court on September 2, 2011, respectively.

Nevertheless, on June 3, 2017, the Defendant driven a 200-meter B SP vehicle at approximately 200 meters prior to the same city-ro 29-day road in the south-si under the influence of alcohol content of 0.178% in the blood transfusion around 22:59.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two 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 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (i.e., reflectiveness, the disposal of the vehicle in this case, the circumstances of driving the vehicle in this case, the driving of drinking, the excess at least 200 meters from the driving distance of drinking, and the fact that there is no criminal record for a suspended sentence or higher;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times before the Defendant was driven by alcohol, and there are unfavorable circumstances that the Defendant had high alcohol level during blood transfusion at the time of the instant case.

However, the punishment shall be determined in consideration of the fact that the defendant is against the defendant, the fact that the vehicle in this case was disposed of, the background of drinking driving, the fact that the distance of drinking driving was about 200 meters, and the fact that there was no previous conviction or more

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