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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3514
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 October 19, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Jung-gu District Court Goyang branch on October 19, 201, and on November 12, 2015, the Defendant received a summary order of KRW 2,00,000 as a fine

On September 21, 2016, around 23:52, the Defendant driven BM3 motor vehicles under the influence of alcohol concentration of about 0.161% in a section of about 450 meters from the front of the Seongbuk-ro, Seongbuk-ro, Seongbuk-gu, Seoul, Seongbuk-gu, 844 niven apartment, to the front day of the 89 niven apartment of the same Gu to the front day of the 89 niven apartment of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal records as stated; 1. A reply to inquiries, such as criminal history, and the application of Acts and subordinate statutes in Part II of the 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. 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. To take into account the following factors: The reason behind sentencing under Article 62-2 of the Criminal Act; the two times the driving force of drinking alcohol; the distance from driving alcohol and the distance of driving alcohol; the family relationship supported;

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