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(영문) 의정부지방법원 고양지원 2018.01.12 2017고단2465

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 August 22, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 5 million for the same crime at the Seoul Western District Court on May 15, 2015, respectively.

On June 24, 2017, the Defendant driven a Bra vehicle under the influence of alcohol with a 0.101% alcohol concentration of 0.101% in blood from approximately 500 meters to the front road of the “sea where there is a 606 malon,” located in the same lake, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, U.S.-dong, Dong-dong, and Dong-dong.

As a result, the defendant was not allowed to drive a motor vehicle under the influence of alcohol, but has violated it more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the inquiry letter, summary order, etc., such as criminal history, and three copies of the Act 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. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.