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(영문) 의정부지방법원 고양지원 2017.11.03 2017고단2364
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 25, 2013, the Defendant is a person who has at least two times the ability to punish drinking, such as being sentenced to a fine of three million won for a violation of road traffic law (drinking), and a fine of two million won for the same crime in the same court on September 30, 2015.

On July 7, 2017, 2017, the Defendant driven a horse-free car under the influence of alcohol concentration of 0.127% from the main station near the gold village to the roads from the gold village to the above gold village. On July 7, 2017, the Defendant driven a horse-free car under the influence of alcohol concentration of 0.127% during blood.

On August 11, 2017, the Defendant driven Cri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si on August 23:1, 2017, under the influence of alcohol content of approximately 0.107% from the 2km section to the road in front of the tunnel.

Summary of Evidence

[2017 Highest 2364]

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, and notification on the result of crackdown on drinking driving (2017 Height 2559);

1. Statement by the defendant in court;

1. He/she shall make a statement on the circumstances of a driver driving, and inquire about the results of crackdown on drinking driving;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the sentencing indicated in the records of this case, such as the circumstances after the crime, etc.; and (d) the sentence as ordered.

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