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(영문) 의정부지방법원 2016.12.23 2016고단3579
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal power] On December 4, 2008, the Defendant is a person who was sentenced to a fine of KRW 1.5 million at the Jung-gu District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 2 million at the same court on October 10, 2013 and was sentenced to a fine of KRW 2 million for the same crime and has been punished twice or more due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 17, 2016, around 02:03, the Defendant driven the B SP car volume at approximately 0.125% under the influence of alcohol level 0.125% from the 5km section, from the 3rd shill-ro 34 mp, Nam-gu, Jinyang-gu, Gyeonggi-do to the 390 knife-ro 2nd knife-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection of the results of the crackdown on drinking driving (the criminal records on the market);

1. Criminal records;

1. Application of investigation reports (report on confirmation of suspect's records of drinking driving) Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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