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(영문) 의정부지방법원 2018.04.17 2018고단71
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On June 27, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a violation of road traffic law in support of Sungnam-gu, the method of water sources, etc., and was sentenced to a summary order of 3.5 million won for the same crime, etc. at the Jung-gu District Court on March 20, 2009. On March 15, 201, the Defendant was sentenced to a punishment of 8 months for a violation of the Road Traffic Act (driving) by imprisonment with labor for the same crime, etc. at the same court on March 15, 201.

On January 1, 2018, the Defendant driven a B low alcohol vehicle under the influence of alcohol with approximately 500 meters alcohol content 0.077% from the 50-meter section to the 3rd road located in the same side of the road located in the village of Mapocheon-si, Mapo-si.

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 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. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (the alcohol concentration in blood is not relatively high by 0.077%, it is limited to approximately 500 meters from the driving distance of alcohol, and it is against the law);

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act is that the defendant has been driven by drinking, five times before driving, one time of which is the previous conviction, and one time of which is the previous conviction.

However, the punishment shall be determined in consideration of the fact that alcohol concentration in blood is not relatively high, the fact that it is about 500 meters in the distance of drinking driving, and the fact that it is against nature.

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