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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2177

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 14, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on August 27, 2013, respectively.

【Criminal Facts】

On June 29, 2016, the Defendant, who violated the provision on the prohibition of drunk driving twice or more, driven C 2 truck under the influence of alcohol with approximately 0.094% of alcohol alcohol concentration at approximately 900 meters from the head of the Defendant’s house located in Goyang-gu B, Goyang-gu to the shooting distance at approximately 121-gil 20, the same Gu-ro Do.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. A previous conviction: An inquiry report, an investigation report, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was driving under drinking three times from 2010 to the instant crime.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions grasping the records of this case and the trial process of this case, such as the fact that blood alcohol concentration is relatively low, shall be determined as per the order.