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(영문) 의정부지방법원 2018.11.07 2018고단3894
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 June 3, 2014, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million for the same crime at the same court on October 25, 2017.

On September 9, 2018, the Defendant driven a B-hurd vehicle with alcohol content of approximately 0.143% from the 7km section of blood alcohol at around 7 km to the 2294 Maurel road from the front of the west-gu Cheongpyeong-gun, Gyeonggi-gu, Magyeong-gu, Magyeong-gu, Magyeong-si, Magyeong-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

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

1. The reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of being punished for drinking driving even before the defendant was sentenced to punishment.

Nevertheless, the instant crime was committed while driving under the influence of 0.143% of alcohol concentration in the blood of the second blood.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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