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(영문) 의정부지방법원 고양지원 2016.09.02 2016고단1161
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 December 13, 2007, the Defendant received a fine of one million won for a violation of the Road Traffic Act, and a fine of one million won for a violation of the Road Traffic Act in the same court on October 13, 2010 and a summary order of one million and five hundred thousand won for a violation of the Road Traffic Act, respectively.

On April 15, 2016, at around 01:33, the Defendant driven D Poter truck at approximately 3km from the 3km section to the 9km road located in the Soyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-dong, in the condition of alcohol with a blood alcohol concentration of 0.083%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and summary orders appended to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without any special reason, has been driving under the influence of drinking, twice.

However, the defendant has a strong attitude to live in order to support his family, and the defendant shows his attitude to reflect the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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