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(영문) 의정부지방법원 2017.06.20 2016고단5381

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on November 29, 2006, and imprisonment with prison labor for the same crime at the Jung-gu District Court on February 22, 2013 and imprisonment with prison labor for one year and six months and two or more years of suspended execution and has been sentenced for two or more times for a crime of violating the Road Traffic Act (drinking).

[2] On October 29, 2016, the Defendant driven a B-type car under the influence of alcohol content of approximately 0.104% in the section of approximately 25km from the 25km to the apartment tri-distance apartment minging at the Government of Gyeonggi-ro, the center of the Gyeonggi-do, which is located in 124-1, the center of Gyeonggi-do, 124-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report, report on the circumstances of driving at home, and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of the same kind of force of the suspect);

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. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Determination of the sentence of reflectivity and favorable circumstances: The defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc. are taken into consideration, etc.; twice the same criminal records and the previous criminal records of the same kind, one time the previous criminal records of the suspension of execution, and one time the previous criminal records of the same kind, and the degree of alcohol content in the blood: