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(영문) 의정부지방법원 고양지원 2017.08.30 2017고단2111

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 December 5, 2011, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving), etc. at the Seoul Western District Court on December 5, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 14, 2016.

On June 9, 2017, the Defendant driven, at around 23:20, approximately 50 meters, a 50-meter high-speed motor vehicle in front of the old leuk-dong Yandong-dong, the alcohol concentration of which is 0.282% under the influence of alcohol in blood, on the roads of the old leuk-dong-dong Yandong-dong in the same way as it is under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of the driver at the main place, a request for appraisal, a statement of alcohol alcohol during blood, and a report on the detection of the driver at the main place;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., that a defendant is led to confession and reflect,

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, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;