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(영문) 의정부지방법원 고양지원 2017.04.14 2017고단436
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 March 28, 2012, the Defendant was notified of a summary order of a fine of one million won due to a violation of road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on March 28, 2012, and on August 12, 2013, the Defendant was notified of a summary order of a fine of two million won due to a violation of road traffic law (drinking driving) in the same court on August

On January 29, 2017, the Defendant driven a section of approximately 500 meters from the Dong-gu Dong-dong Port Lone and the 31-9 K hotel to the same Gu-style Do-dong 31-9 K hotel with alcohol content 0.11% while under the influence of alcohol during blood transfusion around 06:30 on January 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (the confession and reflect of the defendant, the defendant has no record of the same kind of punishment exceeding the fine, the circumstances of the crime in this case, the circumstances after the crime, the age of the defendant, the sex behavior, the environment, etc.);

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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