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(영문) 의정부지방법원 2017.04.28 2017고단163
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 7, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method, and on March 21, 2014, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in support of the development of Friwon method.

Criminal facts

On December 16, 2016, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, driven Cenz E200 cars under the influence of alcohol with approximately 0.093% alcohol concentration from the same 1km section from the same terminal to the same 1203rd road, located in Dong-dong, Dong-dong, Dong-dong, Sincheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of 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. 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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