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(영문) 의정부지방법원 2018.05.01 2018고단519
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 September 3, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Jung-gu District Court on September 3, 2014, and a fine of KRW 1,50,000 as a fine for a violation of road traffic law at the Jung-gu District Court on August 23, 2017.

(Criminal facts) around 02:10 on January 11, 2018, the Defendant driven CK5 car at a section of about 20 meters under the influence of alcohol concentration of about 0.159% while under the influence of alcohol in the underground parking lot B at the Government-si of Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination report on actual condition, on-site photographs, and inquiry into 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. Article 53 and Article 55(1)3 of the Criminal Act (the provision that a proxy driver has been driven to a parking lot, the provision that a drinking driver has been driven within a parking lot, the provision that the driving distance of drinking is about 20 meters, the provision that the driving distance of drinking is also about 20 meters, the violation, and the provision that there are no criminal records of the same kind or higher in the suspension of execution);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act and the fact that there are two times the same criminal records and the reasons for sentencing: Provided, That the driving of a substitute driver to a parking lot is within the parking lot, the place where drinking is driven is limited to about 20 meters, the distance of drinking driving is limited to about 20 meters, reflects, and the fact that there is no criminal records of the same kind or higher

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