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(영문) 의정부지방법원 2018.08.28 2018고단2597
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

The Defendant, at the Seoul Central District Court on May 26, 2009, issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act, and on March 18, 2014, issued a summary order of a fine of 5 million won for the same crime at the Seoul Northern District Court on March 18, 2014, and violated Article 44(1) of the Road Traffic Act at least twice.

On June 12, 2018, around 00:30 on June 12, 2018, the Defendant driven a Crane car under the influence of alcohol content 0.069% while under the influence of alcohol content 0.069% from the 13-day Mari-ro Mari-ro Mari-ro Mari-ro Mari-ro 13-si Mari-si Mariri-ro 334.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on 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. Articles 53 and 55(1)3 of the Criminal Act (the fact that alcohol content in blood is not relatively high by 0.069% and that reflects it);

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

1. Article 62-2 of the Criminal Act provides that the Defendant had repeated driving of the instant drinking alcohol even though he/she had a previous and three times before driving alcohol.

However, the punishment shall be determined in consideration of the fact that the blood alcohol concentration at the time of the instant case is not relatively high, the reflective fact, and the fact that the same criminal record exceeds the fine, while the punishment shall be determined in consideration of the fact that there is no previous conviction exceeding the fine.

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