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(영문) 의정부지방법원 2017.10.27 2017고단3218
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 March 24, 2008, the defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 24, 2008, a summary order of KRW 1.5 million for the same crime in the same court on July 27, 2009, and a summary order of KRW 5 million for the same crime in the same court on September 21, 2012.

On July 7, 2017, around 07:43, the Defendant driven a B-hand car while under the influence of alcohol content of approximately 0.077% in blood at the 1km section from the 116 chip in front of the East-si, East-si, East-do, Gyeong-do, 116, to the road front of the 1109 east.

As a result, the defendant has violated the prohibition of drinking, but has driven a motor vehicle under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order under Article 62-2 of the Criminal Act;

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