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(영문) 의정부지방법원 2017.10.27 2017고단3319
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 27, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on January 27, 201, and a summary order of KRW 3 million with the same crime at the same court on November 13, 2014, respectively.

On July 15, 2017, the Defendant driven a Cpoter II truck with approximately 0.149% alcohol concentration in blood on a section of about 1km from the front side of the Kaf-ro in this Pyeong-gun, Dongwon-gun, Dongwon-gun around 23:43 to the front side of the Pyeong Sea State located in 205 of the same Eup.

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. Notification of the result of drinking control;

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. The community service order under Article 62-2 of the Criminal Act;

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