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(영문) 의정부지방법원 고양지원 2017.10.17 2017고단2330

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 7, 2007, the Defendant was issued a summary order of a fine of KRW 3 million on the grounds of a violation of the Road Traffic Act at the Seoul Western District Court on December 7, 2007, and a fine of KRW 1.5 million on July 22, 2016 with the same crime at the Jung-gu District Court Goyang Branch on July 22, 2016, respectively.

On July 17, 2017, the Defendant driven a B B B 60 vehicle under the influence of alcohol concentration of about 0.17% in the vicinity of the 16-day river located in the Seo-gu Incheon Metropolitan City, Seo-gu, Busan Metropolitan City, from the Do near Loneone Star, which is located in the Dong-gu, Gyeonggi-gu, Seoul Metropolitan City, to the 16-day river near the 17-day river in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 20

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 on an order to attend a course;