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(영문) 의정부지방법원 2017.11.29 2017고단3789
도로교통법위반(음주운전)등
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 September 1, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on September 1, 201, and on May 25, 201, the Defendant was issued a summary order of KRW 6 million for the same crime in the same court.

On July 21, 2017, the Defendant driven BN driver’s car under the influence of alcohol content of approximately 0.132% from the 1 Km section to the front road of the entrance of the tunnel at the same city from the 29 2-00 to the 117-17-2-2000 m of blood alcohol in the middle of the 23:10 YY 23:10 on July 21, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

around 19:45 on September 16, 2017, the Defendant driven a B-car without a driver’s license from around 700 meters section to the new building parking lot located in 26, from the front of the tunnel of the lag of the lag of the lag of the lag of the lag of the Namyang-si to the same lag of the lag of the lag of the lag.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

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) of the Road Traffic Act (the point of drinking, the choice of imprisonment) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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