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(영문) 의정부지방법원 2017.11.10 2017고단3739
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 11, 2008, the Defendant was sentenced to a fine of five million won due to a crime of violating road traffic law (drinking) at the Jung-gu District Court on June 11, 2008. On July 8, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime, for six months and for two years of suspended execution.

[The facts of the crime] On July 26, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 150 meters from the front of the apartment complex 7 in Songdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

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

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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