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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단1021

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On November 18, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving alcohol) in support of the Sungnam-gu Friwon, and a fine of KRW 2.5 million due to a violation of road traffic law (driving alcohol) on December 1, 2009 in support of the Frinam-gu Friwon Friwon, which was sentenced to a fine of KRW 2.5 million.

[2] On April 11, 2016, the Defendant driven a B B B B-pin car at a distance of about 500 meters from the distance of 500 meters to the front road of the apartment complex, 0.148% of alcohol level among blood alcohol level, from the front road of the mutual influent restaurant in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front road of the apartment complex.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to summary orders), application of summary orders and other 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. 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. Since 2006, the Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a four-time drinking alcohol due to the instant crime.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.