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(영문) 의정부지방법원 고양지원 2017.04.20 2017고단539

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 August 21, 2006, the Defendant received a summary order of KRW 1 million for a violation of road traffic law (drinking driving), and on March 13, 2008, the Incheon District Court received a summary order of KRW 3 million for a violation of road traffic law (drawing driving and driving without a license) from the Incheon District Court on March 13, 2008.

On February 5, 2017, the Defendant, while under the influence of alcohol 0.209% among the blood transfusion around 22:24, the Defendant driven a approximately 2 km section into BNEW EF rocketing car from around the 611-day mountainous district down to the front road of the 611-day mountainous district, as in the front of the Goyang-si, Seo-gu, Seoyang-gu, U.S. Plux Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol since 2006 due to the instant crime.

The alcohol concentration in blood reaches 0.209%.

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

In addition, the defendant's age, sex, family relationship, motive for committing a crime, circumstances after committing a crime, etc., and all of the sentencing conditions identified in the records of this case and the trial process shall be determined as per the order.