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(영문) 의정부지방법원 고양지원 2018.01.26 2017고단3498

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On May 19, 201, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 19, 201, and on May 3, 2013, the Defendant was sentenced to a fine of nine million won for a crime of violating the Road Traffic Act in the Jungyang Branch of the District Court on May 3, 201.

On October 4, 2017, the Defendant driven a bee cruise car with approximately 500 meters alcohol concentration at approximately 0.123% while under the influence of alcohol from the road located in the Gocheon-si of the Gyeonggi-si (Seoul Metropolitan City) to the 23rd class IC in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.; and (c) the sentencing as indicated in the records and arguments on changes, the sentence as ordered shall be