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(영문) 의정부지방법원 고양지원 2018.06.08 2018고단902

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 24, 2012, the Defendant was issued a summary order of KRW 4 million at the Seoul Western District Court on September 22, 2015 for the same crime.

On April 8, 2018, the Defendant driven BMW car under the influence of alcohol content of about 0.158% at the section of approximately 15km from the jundong-gu Hayang-si Hayang-si Hayang-si Hayang-si Hayang-si, Seoul, where the trade name near the red 160-ro 160, is unknown, around 08:12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the person subject to the application of drinking-free provision) statute;

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. In full view of the defendant's same records of sentencing under Article 62-2 of the Criminal Act, the background of the detection of the case, and the amount of alcohol concentration in blood, and other various circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered, shall be determined.