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(영문) 의정부지방법원 고양지원 2016.06.09 2016고단590
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 4, 2008, the Defendant was sentenced to a fine of KRW 700,000 to a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court on February 4, 2008, and a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (dacting driving) at the same court on August 14, 200

[Criminal facts] On March 16, 2016, the Defendant driven B K-5 vehicle volume in the state of alcohol with approximately 0.122% alcohol concentration from the 1km section from the road in front of a terminal in the face of the aptitude in the face of the Papju on March 16, 2016 to the three-dimensional road in the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other statutes;

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. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, driven a three-time drinking alcohol due to the instant crime.

However, there is no other criminal record except for the same criminal record as the defendant has been sentenced to a fine and has been punished by fine.

In addition, the sentencing conditions identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.

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