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(영문) 의정부지방법원 고양지원 2017.05.12 2017고단725
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 20, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) by committing a violation of the Road Traffic Act, and on November 9, 2009, the Defendant was issued a summary order of 2 million won for a crime of violating the Road Traffic Act (drinking driving) by committing a violation of the Road Traffic Act.

On March 1, 2017, while under the influence of alcohol content 0.188% during blood transfusion, the Defendant driven a BF rocketing car with the 41-way street 457 mpon from the direction of the mountain distance to the rode of the mountain distance.

Accordingly, the defendant, even though he had a history of driving under drinking not less than twice, once again driven a car while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the aforementioned circumstances);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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