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(영문) 의정부지방법원 2017.11.17 2017고단3742
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 18, 2007, the Defendant received a summary order of a fine of three million won or more for a crime of violating the Road Traffic Act (drinking driving), and on May 10, 2012 at the same court, the Defendant received a summary order of two million won or more for a crime of violating the Road Traffic Act (drinking driving), respectively, on two or more occasions.

Nevertheless, under the influence of alcohol content of around 17:50 on July 12, 2017, the Defendant driven a 500-meter D Poter 2 truck with approximately 500 meters high level at the front of a restaurant at the Bupyeong-gu, Bupyeong-gu, Gyeonggi-do, in the condition of alcohol content of 0.191%.

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The community service order under Article 62-2 of the Criminal Act;

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