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(영문) 의정부지방법원 2018.05.01 2018고단379
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On June 12, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic laws at the Jung-gu District Court on the same day, and KRW 5 million for the same crime at the same court on April 17, 2014.

[Criminal facts] On December 28, 2017, the Defendant driven B Kaman car under the influence of alcohol content of approximately 0.170% in a section of approximately 400 meters from the 200-meter radius from the 1353, the 36th Don-ro, the 201st Don-si, and the front road, both of which, around 21:11, 201, are under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on the detection of a primary driver;

1. Statement made by the prosecutor with respect to the prosecution;

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

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) two times before and after the driving of alcohol for the reason of sentencing under Article 62-2; (b) the alcohol concentration at the time of the instant case was higher than 0.170%; and (c) the occurrence of a physical accident without being limited to a simple driving of alcohol; and (d) the fact that the instant case reflects the nature of

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