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(영문) 의정부지방법원 고양지원 2017.06.23 2017고단1326

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] The defendant was sentenced to a fine of KRW 4 million on May 30, 2008 to a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on May 30, 2008, and the defendant was sentenced to a suspended sentence of two years on June 11, 201 for the same crime.

[2] On April 20, 2017, the Defendant was driving a mixed fish code car under the influence of alcohol concentration of about 0.088% in a section of approximately 300 meters in the middle of a 300-meter distance from the front of the “Japan MBC D Forest Center” road at the Goyang-gu, Yongsan-gu, Busan, and the front of the 606-month “sea with the same lake.”

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da13

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, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;