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(영문) 의정부지방법원 고양지원 2017.06.02 2017고단985

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 September 26, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 26, 2008. On November 20, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

Although the Defendant had been able to drive alcohol more than twice as above, on March 21, 2017, the Defendant driven a B observer car from the front of the convenience store in which the trade name of the seat of the pjun is unknown at around 0.194% under the influence of alcohol during alcohol during the influence of alcohol at around 14:25 on March 21, 2017 to the entrance of the IC branch in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, etc. on the situation of the driver at home;

1. Records of judgment: References to inquiries, such as criminal history, investigation reports, minor records of the disposition, and application of the statutes of the judgment;

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the fact that the accused’s mistakes in sentencing; (b) the driving record of drinking and the distance of driving in drinking and the distance of driving; and (c) the Defendant’s age, sexual behavior and environment; and (d) the motive and circumstances of the crime after the crime, etc.