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(영문) 의정부지방법원 고양지원 2016.05.19 2016고단819
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (drinking) in the Goyang Branch of the District Court on November 29, 2006. On May 26, 2010, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

On March 21, 2016, around 01:03, the Defendant driven Bsch Rexn car in the state of alcohol alcohol concentration of about 0.18% from the 2km section of the blood alcohol concentration to the front road of the Gangseo-gu Seoul Metropolitan City, Seoyang-gu, Seoul Metropolitan City, Seoul Metropolitan City, to 01:10 on the same day.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: (A) a written inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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. Reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's records of drinking, drinking, drinking, and reflective nature of the defendant, the age of the defendant, the sex environment, etc.

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