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(영문) 의정부지방법원 2018.08.21 2018고단1995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 20, 2008, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act at the District Court on February 20, 2008, and on February 26, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of six million won for the same crime in the same court on February 26, 201.

On May 12, 2018, the Defendant started from around 10:10 on May 12, 2018, at around 10:10, the Defendant driven a B car with approximately KRW 1k-m alcohol content 0.137% while under the influence of alcohol on the front road of the “former members’ seedlings,” located in the Dong’s line.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is two times the previous convictions for driving drinking alcohol, one time among them is a relatively recent previous convictions in 2016: Provided, That it is against the fact that it exceeds the fine, and the fact that there is no previous convictions in excess of the same kind of fine;

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