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(영문) 의정부지방법원 고양지원 2017.07.19 2017고단1447

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

On March 30, 2012, the Defendant issued a summary order of a fine of KRW 4 million on the grounds of a violation of road traffic law at the Seoul Central District Court on March 30, 2012, and a summary order of KRW 3 million on November 27, 2015 at the Seoul Western District Court on the same offense, etc.

The Defendant driven two or more times as above, and once again, the Defendant driven a B-hand car under the influence of alcohol content of about 0.129% at the 50m section from the front side of the motor vehicle that is in the Soyang-gu So-dong at the time of Goyang-gu to the front side of the 36th road at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of drinking control;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, while the defendant intends to start a new life with his wife, he shows his attitude to reflect the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.