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(영문) 의정부지방법원 고양지원 2016.09.01 2016고단673
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

[criminal power] The defendant was sentenced to a fine of 2.5 million won on February 28, 2007 by committing a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 28, 2007, and was sentenced to a fine of 2 million won on April 15, 2009 by committing a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 15, 2009

【Criminal Facts】

On February 14, 2016, at around 22:40, the Defendant driven Cpoter cargo under the influence of alcohol by 0.065% at a distance of about 1km from the 1km to the 5th road of the Goyang-gu, Seoyang-gu, Goyang-gu, Goyang-gu to the 5th road of the light village complex.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A previous conviction in judgment: An inquiry report, an investigation report (Attachment of a summary order), and application of Acts and subordinate statutes governing a summary order;

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 defendant with the reason for sentencing Article 62-2 of the Criminal Act was punished several times for the same crime.

However, there are no criminal records of the same kind who have been punished by a fine for about 14 years against the defendant.

In addition, the sentencing conditions identified in the records of this case and the trial process of this case, such as the blood alcohol concentration is relatively low to 0.065%, shall be equally considered, and the sentence shall be determined as ordered.

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