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(영문) 의정부지방법원 고양지원 2016.06.28 2016고단898
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On October 2, 2008, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of road traffic laws (drinking driving) at the Sungnam branch support center, and on December 30, 201, at the Seoul Central District Court issued a summary order of KRW 2 million for a violation of road traffic laws (drinking driving), respectively, and violated Article 44(1) of the Road Traffic Act at least twice.

【Criminal fact-finding on March 30, 2016, the Defendant driven a vehicle with a gallon with a alcohol content of approximately 0.112% 0% in blood while under the influence of alcohol from the front middle school located in the Dong-gu, U.S. Simsan-dong, U.S. Simsan-si, U.S. Simsan-si to the front road of the Y. 1km-dong, U.S. Sim. in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, report on investigation (verification of the same type of force), and summary order-making statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's records of drinking, drinking volume, and other age, sexual behavior, environment, etc.

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