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(영문) 의정부지방법원 2016.10.07 2016고단2333
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 June 19, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 21, 2012 by the Seoul Central District Court on August 21, 2012. On March 31, 2010, the Defendant was sentenced to a fine of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 31, 2010.

On May 30, 2016, at around 21:45, the Defendant driven a B Ssti-type car under the influence of alcohol content of about 100 meters from the front of the main place of the trade influence in the Sti-dong Sti-dong Insti-si, Sin-si to the front road of the apartment complex of approximately 100 meters under the influence of alcohol content of about 0.230% from the front of the main place of the trade influence, Sin-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the results of the control of drinking driving;

1. Previous convictions in judgment: The application of inquiry results and investigation reports, 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the defendant who has been punished several times due to drinking or unlicensed driving: The defendant recognized the crime of this case and seriously reflects the fact that the driving distance of this case is short, the defendant's age, character and behavior, environment, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, the means and consequence of the crime, etc., shall be determined as ordered by taking into account the following factors:

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