(영문) 의정부지방법원 2018.04.24 2018고단300

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Reasons

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자간(%)

(영문) 의정부지방법원 2018.04.24 2018고단300

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to a fine of KRW 1.7 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and on June 25, 2013, the Defendant was sentenced to a suspended sentence for four months by imprisonment with labor for a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court.

On December 16, 2017, at around 14:25, the Defendant driven a C New EM 3 car under the influence of alcohol content 0.067% while under the influence of alcohol content 0.067% from the direction of the front day of the 402-dong apartment B, 402-dong, 904, to the front day of the front day of the liquidation of Seocheon-gun, Seocheon-gun.

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. 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 53 and Article 55(1)3 of the Criminal Act (the provision that the alcohol content in blood is not relatively high by 0.067%, the degree of intention is weak, and the provision that reflects it);

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

1. The fact that the defendant had been tried before driving alcohol twice for the reason of sentencing under Article 62-2 of the Criminal Act, one of which is the previous offense before the suspension of execution: Provided, That the fact that the alcohol concentration in the blood is 0.067% and is relatively high, the degree of intention is weak, and the fact that the degree of intention is against the law; and

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