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(영문) 의정부지방법원 2018.04.13 2017고단5066
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 2, 2010, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the District Court of the Republic of Korea on December 2, 201, and a fine of KRW 2 million as a crime of violating the Road Traffic Act on November 17, 201, and has the history of violating Article 44(1) of the Road Traffic Act on at least two occasions.

On September 30, 2017, around 02:05, the Defendant driven a rash car with alcohol content of 0.149% from the 2km section of approximately 2km from the son's Sian street in Gangnam-gu in Seoul, Seongbuk-gu to the road in front of the Gangnam-gu Seoul, Seongbuk-ro 234 Gangnam-do.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes attaching the same electric power judgment;

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, even though the defendant had been punished twice for the same crime, committed the crime of this case again, and the defendant recognizes and reflects all of the crimes of this case and the defendant's favorable circumstances, such as the defendant's age, occupation, sex, sex, environment, motive, means and consequence of the crime of this case, records such as circumstances after the crime, and various conditions of sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following factors.

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