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(영문) 의정부지방법원 2017.11.28 2017고단3510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 10, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on August 10, 2012, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on January 19, 2016.

On July 1, 2017, around 22:05, the Defendant driven a E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on the actual condition of a traffic accident and a map on the scene of a traffic accident;

1. A report on the circumstances of driving and the driver's circumstantial statement;

1. Investigation report (report on the situation of the driver in charge); and

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

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. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.

- Not less than a serious reflect, or not less than a stay of execution, and is clear of social relationship, with which the detention of the defendant is accompanied by excessive difficulty to his dependants - not less than 0.2% of the alcohol concentration in the bloods;

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