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(영문) 의정부지방법원 고양지원 2017.03.09 2016고단3862

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 March 14, 2008, the Defendant issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving), etc. at the Goyang Branch of the Jung-gu District Court on March 14, 2008, and the Seoul Southern District Court issued a summary order of KRW 3 million for the same crime at the Seoul Southern District Court on July 30, 2013 and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On December 15, 2016, the Defendant, while under the influence of alcohol of 0.184% during blood transfusion, driven Brane-do car at approximately 100 meters from the front of the CU convenience store located in GU convenience store No. 241 Doo-ro No. 241 in Gyeonggi-si to LelCdi-ro No. 241 in the same city to the front road of the certified broker.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver of the main driver, the certificate of alcohol alcohol during blood and the report on the detection of the driver of the main driver;

1. Previous convictions in judgment: Application of an inquiry letter, summary issuance of an order, previous convictions in disposition, and reporting Acts and subordinate statutes, such as criminal history;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven three times from 2007 the instant crime, driving of alcohol.

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, such as the degree of alcohol concentration, driving distance, motive and circumstance of the crime, etc. during the course of trial, shall be determined as ordered in consideration of the detailed sentencing conditions.