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(영문) 의정부지방법원 고양지원 2017.04.14 2017고단617
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

The Defendant, at the Seoul Western District Court on October 5, 2007, issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the Seoul Western District Court, and on October 4, 2013, issued a summary order of KRW 3 million for the same crime in the Jungyang Branch Branch of the Jung-gu District Court on October 4, 201, and received each notice of the summary order of KRW 3 million for drinking and received two or more penalties for driving under drinking.

On February 19, 2017, at around 05:59, the Defendant driven B car 500 meters a day before the village 1, a village 2, a village in which, while under the influence of alcohol, the alcohol concentration of 0.085% is under the influence of alcohol, falls into 85%, with the arrival of Goyang-si, Goyang-si, and the arrival of 102 degrees from the front side of the 2nd road to the front side of the 1st road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (including attachment of the same criminal records and related summary orders, accompanied materials);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (such as the fact that the defendant has been punished for driving two times or more but he/she also has a record of driving under drinking while driving under the influence of alcohol);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2009

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

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