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(영문) 의정부지방법원 2016.12.09 2016고단3225

도로교통법위반(음주운전)

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

[criminal power] On January 27, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Eastern District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on April 1, 2013, the Seoul Northern District Court issued a summary order of KRW 6 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act.

【Criminal Facts】

On July 26, 2016, around 21:55, the Defendant driven a CMW car at the section of approximately 2 km from the New-dong, Seoul, to the Hayang-si, the Hayang-si, the Hayang-si, the Tayang-si, the Hayang-si, the GMW car, while under the influence of alcohol content of about 0.125%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the crackdown on drinking driving (the criminal records on the market);

1. Criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (former and confirm);

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the crime;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;