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(영문) 의정부지방법원 고양지원 2017.06.13 2017고단1128
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 18, 2008, the Defendant was issued a summary order of KRW 3,00,000 due to a violation of road traffic law (drinking driving), etc. on the grounds of a violation of road traffic law, and on June 28, 201, the same court issued a summary order of KRW 2,50,000 as a crime of violating road traffic law (drinking driving).

On March 25, 2017, the Defendant, while under the influence of alcohol content of 0.208% during blood transfusion around 21:46, driven a Crentoon car at approximately 2 km away from the Do in front of the Ethn-dong Ethn-dong in the Sin-dong, the same city from the Do in the Ethyn-dong, Paju to the road front of the Ethn-dong church.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures: A person has been punished three times due to drinking driving, including the previous conviction in the judgment.

The drinking value is 0.208% significantly high.

The favorable circumstances: Recognizing and opposing crimes.

Personal injury was not caused.

To scrap and not repeat a vehicle;

There are many things.

There is no criminal history exceeding a fine.

They shall support the children suffering from her early illness.

In addition, all the sentencing conditions specified in the pleadings of this case, such as the distance of movement, the age of the defendant, the sex, the environment, family relationship, and the circumstances after the crime, shall be determined the same as the order.

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