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(영문) 의정부지방법원 2018.09.11 2018고단2400
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

On December 20, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on December 20, 2012. On September 1, 2014, the Defendant, who violated Article 44(1) of the Road Traffic Act on two or more occasions, such as being sentenced to a suspended sentence of two or more occasions due to a crime of violating the Road Traffic Act in the Seoul East District Court on September 1, 2014, and once again violated Article 44(1) of the Road Traffic Act, in violation of Article 44(1) of the same Act. On May 28, 2018, the Defendant was driving a dive-use car at approximately 500 meters from the 50-meter section of alcohol alcohol to the entrance of the city at the entrance of the city at the same time in the same time, with the maximum alcohol concentration of KRW 0.091%.

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: References to inquiries, such as criminal history, investigation reports (Attachment to the previous rulings and court rulings, etc.), text of judgment, and application of summary order 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 Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, is three times the driving of drinking alcohol, and one of them is the previous conviction for probation.

However, the punishment shall be determined in consideration of the fact that alcohol content is less than 0.1% in blood at the time of the instant case, about 500 meters in the distance of drinking driving, the fact that the instant crime is recognized and reflected, and the result of the previous investigation of the judgment.

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