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(영문) 의정부지방법원 2017.05.12 2016고단5721

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six 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 28, 2007, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act by the Incheon District Court, and on December 7, 2014, the Defendant was issued a summary order of 2.5 million won of a fine for the same crime from the Pyeongtaek District Court's Pyeongtaek District Court to the same crime.

On October 10, 2016, the Defendant driven B 130 cars while under the influence of alcohol content of about 50 meters from around 22:24, the Dogdong-si, Gyeonggi-si, to the front road of the same Eup/Myeon, from around 63, the two-lane 63,000 to around the 50-lane Dog-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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) (Selection of Imprisonment) 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. An order to attend a course under Article 62-2 of the Criminal Act;