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(영문) 의정부지방법원 고양지원 2016.11.25 2016고단2733
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 20, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on December 19, 2008, issued a summary order of KRW 2,50,000 as a fine for the same crime in the same court.

around 01:40 on August 10, 2016, the Defendant driven a B-low-income car under the influence of alcohol content of about 0.172% from the 20km section to the road located in Seoyang-gu, Seoyang-gu, Seoyang-gu, 351-23, Seoyang-gu, 351-13.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and inquiry into the results of the control of drinking driving;

1. An accident vehicle photograph;

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the sentencing of Article 62-2 of the Criminal Act reflects the reasons for sentencing, three times the history of drunk driving, the shock of other vehicles parked due to drunk driving, and the drinking and driving distance, etc. shall be taken into account; and

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