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(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3329
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 28, 2008, the Defendant received a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act (drinking driving) from the Jung-gu District Court High Court's High Court's High Court's High Court's High Court's High Court's order on November 28, 2008. This part of the previous conviction is included in the "power of drinking more than twice" as stated in the indictment

On January 14, 2010, a sentence of imprisonment with prison labor for 8 months and 2 years of suspended execution was imposed for a violation of road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court.

On October 8, 2016, at around 11:30, the Defendant driven Cpoter cargo at approximately 500 meters away from a road where it is impossible to find out whether it is located in E-dong, Incheon Gyeyang-gu, Incheon, Gyeyang-do to the front road of the Home Mart, 136 in the same yellow language until the Home Mart, 200 meters away from the blood alcohol concentration of about 0.191%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal records as stated in the judgment: Application of three Acts and subordinate statutes to a reply to inquiries, such as criminal history, a copy of the judgment, and a summary order;

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. To reflect the error of sentencing under Article 62-2 of the Social Service Order Criminal Act, to reflect the fact that there are many same records including the punishment of suspended execution, and the third drinking driving after 2006, and to take into account the drinking value and driving distance;

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