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(영문) 의정부지방법원 2018.09.19 2018고단3002
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 6, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the support of the Jeonju District Court, and KRW 1 million for the same crime at the Chuncheon District Court on April 25, 2016.

On June 28, 2018, at around 03:55, the Defendant driven a B LV car under the influence of alcohol level of about 0.080% in the section of approximately 12km from the upper end of 16:00 Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the front end of 454 - 33rd street at the time of the Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The investigation report (the sequence 13 in the list of evidence);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished for drinking driving even before.

Nevertheless, the crime of this case was committed while driving under the influence of 0.080% of alcohol concentration in the blood of the second blood.

The punishment as ordered shall be determined by comprehensively taking into account the circumstances, methods and results of the crime, the circumstances after the crime, the age, environment, and criminal records, etc.

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