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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단2695

도로교통법위반(음주운전)

Text

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

except that 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

The defendant, at the Incheon District Court on August 30, 2006, received a summary order of 2 million won or more from the Suwon District Court on October 27, 2006 to a fine of 2.5 million won or more for the violation of the Road Traffic Act (driving) at the Suwon District Court on October 27, 2006 to a fine of 2.5 million won or more, and on December 15, 201, the defendant received a summary order of 2 million won or more from the Yongsan District Court on December 15, 201 to a fine of 2 million won or more.

On September 21, 2018, at around 22:56, the Defendant driven approximately 100 meters from the Goyang-gu B market to the front of the same Gu C while under the influence of alcohol 0.221% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Records of violation of judgment: Criminal history records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a copy of 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 (the choice of imprisonment, the same kind of crime and the same kind of crime are relatively past, but on the other hand, the blood alcohol concentration in this case is very high);

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

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