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(영문) 의정부지방법원 2018.07.17 2018고단1789
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 August 7, 2013, the Defendant was issued a summary order of a fine of seven million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on August 7, 2013, and on December 5, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions by receiving a summary order of five million won for the same crime in the same court.

On April 28, 2018, the Defendant driven D Coin or car under the influence of alcohol content of 0.126% in blood, from the front of a public sports site located in Yancheon-si, Sincheon-si to the front of 26 Yancheon-si, Mancheon-si, Mancheon-si, the Defendant driven D Coin or car under the influence of alcohol content of 0.126% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual conditions and the results of regulating drinking 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, which led to the occurrence of a traffic accident without being limited to the driving of simple drinking at the time of the instant case.

However, punishment shall be determined in consideration of the fact that the accident is very insignificant, the fact that there is no previous conviction exceeding the fine, and the occurrence of a traffic accident.

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