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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단3282

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 8, 2006, the Defendant was issued a summary order of KRW 700,000,000 as a fine for the same crime from the Seosan Branch of the Daejeon District Court on November 6, 2008 to a fine of KRW 1,50,000,000 as a fine for the same crime, respectively, in the support of the Suwon Fagwon, which was in violation of the Road Traffic Act.

[Criminal facts] On September 25, 2017, the Defendant driven BM3 automobiles under the influence of alcohol leveling 0.081% from the 1km section to the front road of the new fluent middle school located in the same Sindong from the flusium 20:50 on September 25, 2017 to the flusium in the same Sindong.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;