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(영문) 의정부지방법원 2017.05.30 2016고단5197
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been sentenced to a fine of 1.5 million won for a crime of violating road traffic laws at the Seoul Northern District Court on December 10, 2009, a fine of 3.5 million won for the same crime at the Jung-gu District Court on November 11, 2010, and a fine of 3.5 million won for the same crime at the Jung-gu District Court on September 5, 2013 in the same court on September 5, 2013.

[Criminal facts] On November 15, 2016, the Defendant driven C, while under the influence of alcohol, of approximately 0.105% alcohol level from around 50 meters to around 41, 500 meters from the 3rd road, 59-ro, B, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, C

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the survey report on actual condition, on-site photographs, a statement on the circumstances of driving a drinking, and the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (reports on the same criminal records and confirmation of the suspect);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Determination of the same criminal records and three times, conditions before and after the same suspension of execution, and conditions favorable to the same type: In addition, the age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc. of the defendant;

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