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(영문) 의정부지방법원 고양지원 2017.07.19 2017고단1683

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 May 4, 2007, the Defendant was issued a summary order with a fine of KRW 700,000 as a crime of violating the Road Traffic Act in Seoul Southern District Court on May 4, 2007, and a fine of KRW 4 million as a crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on April 20, 2016.

The Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, once again, driven B-learning vehicles from the same discount 0.176% of alcohol among the blood transfusions on April 16, 2017 to the roads front of the Young-si in the same hour, in the state of under the influence of alcohol at around 11:05, on April 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, the defendant is trying to start a new life after marriage and shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.