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(영문) 의정부지방법원 2016.11.04 2016고단3660
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 February 24, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 24, 201, and on February 3, 2015, at the same court on February 3, 2015, and was sentenced to a fine of three million won or more for a violation of the Road Traffic Act (driving).

On August 22, 2016, at around 06:25, the Defendant driven a B Eccoo vehicle in the state of under the influence of alcohol from around 500 meters to around 26:5,00, from the front day of the Guluri-si Pung-dong, to the front day of the 26:0 Topol 26:0 meters of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification reports on suspect's drinking driving records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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: The circumstances favorable to the defendant's punishment by drinking or driving without a license: The defendant recognized the crime of this case and seriously reflects the defendant; the defendant has no record of being punished exceeding the fine for the same crime; the blood alcohol concentration of this case is relatively low; and the defendant's age, character and behavior, environment, means and result of the crime; and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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