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(영문) 의정부지방법원 2018.09.07 2018고단2903
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 13, 2013, the Defendant issued a summary order of KRW 4 million to a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million to a same court on April 26, 2016, respectively.

On June 12, 2018, around 19:58, the Defendant driven a car with alcohol content of B, while under the influence of alcohol content of 0.115%, from the section of the U.S. to the road in front of the maintenance of the pam car located in the pamban-dong-dong, Yangju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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

1. Despite the fact that the Defendant had been punished for the same crime even before the suspended sentence under Article 62(1) of the Criminal Act, the Defendant committed the instant crime of which alcohol concentration is 0.115% in the second blood transfusion.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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