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(영문) 의정부지방법원 2017.08.18 2017고단1923
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 December 2, 2008, the Defendant received a summary order of a fine of KRW 700,000 for a crime of violating the Road Traffic Act from the Jung-gu District Court on December 2, 2008, and a summary order of KRW 2 million for the same crime in the same court on April 9, 2013, respectively.

Nevertheless, on April 22, 2017, the Defendant driven a vehicle with approximately 600 meters high from the road in front of the Masan Eup Welfare Dok-si in Yangju to the road in front of the same Eup/Myeon, under the influence of alcohol content of 0.141% during blood transfusion around 00:55.

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

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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