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(영문) 의정부지방법원 2019.02.20 2018고단5270
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2008, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act, etc. from the Jung-gu District Court, and on July 15, 201, the Defendant received a summary order of three million won or more due to the same crime in the same court.

Although the Defendant had been punished for drinking driving two or more times as above, the Defendant driven D Poter truck under the influence of alcohol content of about 0.154% from the 500-meter section from the front of the station of mutual influence in Nam-si, Namyang-si, Namyang-si to the front road in the Namyang-si, Namyang-si, the Defendant driven D Poter truck under the influence of alcohol content of about 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, investigation reports (attached to previous records and copies of summary orders);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The fact that driving under drinking is repeated even after three times a fine has been imposed for driving under the influence of alcohol due to the reason of sentencing in Article 62-2 of the Criminal Act, the fact that driving of cargo is greater than the danger by driving, the fact that the blood alcohol concentration at the time is higher, and the fact that there is no criminal record of probation or higher

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