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(영문) 의정부지방법원 고양지원 2017.03.15 2016고단3814

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 8, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Central District Court, and a fine of KRW 1.5 million as a same crime at the Seoul Northern District Court on December 1, 2009.

[2] On November 25, 2016, the Defendant driven a B-learning car under the influence of alcohol with approximately 0.070% alcohol concentration at approximately 1km from around 150 to around 701, at the front of the 5-lane 116, a 116-lane flooded from the front of the 7-lane 1,000,000,000,000,000.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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 inquiries about criminal history and text of judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (the fact that the defendant, even though he/she had been punished for driving two times or more, causes an accident while driving a motor vehicle while driving a motor vehicle while drinking a motor vehicle);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 2011Do1488, Apr. 21, 2011; Supreme Court Decision 201Do1268, Apr. 21, 201; Supreme Court Decision 201

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);