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(영문) 의정부지방법원 고양지원 2017.03.02 2016고단3350

도로교통법위반(음주운전)

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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

On January 30, 2009, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on January 30, 2009, and KRW 4.5 million as a fine in the same court on March 30, 2012.

Although the Defendant had been driving force of drinking two or more times, on October 22, 2016, at around the same day, 21:20, the Defendant driven a ccocon vehicle under the influence of alcohol content 0.186% in alcohol while under the influence of alcohol at around 21:30 on the front side of the 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-ro 9-38 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Written inquiry about criminal history, etc. (A);

1. Application of investigation reports (formerly previous and applicable 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. Reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's records of the same crime, alcohol concentration during his/her blood, circumstances of driving, etc.;