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(영문) 의정부지방법원 고양지원 2017.07.12 2017고단1406

도로교통법위반(음주운전)

Text

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 January 30, 2009, the Defendant was issued a summary order with a fine of KRW 700,000,000 as a fine for a crime of violating road traffic law (drinking) in the Jung-gu District Court Goyang Branch on January 30, 200, and two million won as a same crime in the same court on May 13, 2016.

Although the Defendant had a driving force of drinking more than twice as above, on April 29, 2017, while under the influence of alcohol content of 0.063% in blood around 23:36 around 2017, the Defendant driven a 2 km car B 3m from the front of the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-gu, Seoyang-gu. to the 17rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

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;