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(영문) 의정부지방법원 2017.03.24 2016고단5236

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 is a person who has been punished not less than twice for a violation of road traffic laws at the Jung-gu District Court on December 27, 2006 by a fine of KRW 700,000,000 for a violation of road traffic laws, and a fine of KRW 2 million in the same court on April 16, 2013 for the same crime.

[Criminal facts] On December 3, 2016, the Defendant driven a C-car at a level of alcohol alcohol level of about 5km from around 38 km to around 790 to around the same Si road, which was driven by the Defendant, at around 22:25 on December 3, 2016, in a state of under the influence of alcohol level of 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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;