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(영문) 의정부지방법원 2017.06.16 2017고단187
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 June 18, 2007, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on March 26, 2014, the Defendant was sentenced to a fine of 5 million won for the same crime at the Seoul Northern District Court.

On July 24, 2016, the Defendant driven B, while under the influence of alcohol 0.066% from the 7km section of approximately 7km-ro to the same Sindo-ro 214, the Defendant driven B, while under the influence of alcohol, from the roads adjacent to Sindo-ri, Suwon-si, Suwon-do-si, Suwon-do-si to the roads prior to 214.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 stay of execution (Consideration of the control point of drinking and the concentration of alcohol during blood);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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