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(영문) 의정부지방법원 고양지원 2018.10.25 2018고단1541
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 24, 2008, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on June 24, 2008, and a summary order of KRW 5 million for the same crime at the Incheon District Court on February 13, 2016, respectively. On August 19, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime at the same court.

Criminal facts

On April 21, 2018, the Defendant, as a person who had a alcohol driving force twice or more as above, driven B-to-be car with approximately 100 meters alcohol concentration at a section of about 0.196% from the apartment parking lot located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoyang-gu, Simyang-si, Seoul, to the front road of the 100-day city in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. A report on investigation (a case concerning the attachment ofCCTV images);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense (the selection of imprisonment, the record of the same kind of crime including suspended sentence, and the record of the same crime including suspended sentence, and the record of alcohol concentration in blood: Provided, That driving distance shall be considered);

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

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