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(영문) 의정부지방법원 고양지원 2017.05.24 2017고단1059

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 September 26, 2006, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (driving) at the Seoul Western District Court on September 26, 200, and KRW 3,00,000 as a fine for the same crime from the Jung-gu District Court Goyang Branch on October 1, 2014.

On March 22, 2017, the Defendant was driving at approximately 3 km from the front of the apartment house to the front of the first apartment in the Dong and Dong in the same city as a person who is in a so-called so-called so-called so-called so-called 0.108% alcohol concentration among the blood transfusion around 23:48.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Criminal records indicated in the judgment: Application of a reply to inquiries, such as criminal history, and the details of inquiries about primary reports and management;

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. The grounds for sentencing under Article 62-2 of the Criminal Act reflects the error in sentencing, two times the driving force of drinking, the distance from driving by drinking, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex, environment, motive and circumstances after committing the crime, etc.