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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단1540
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

On February 28, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 28, 2012, and on July 2, 2014, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.

Criminal facts

Despite the fact that the Defendant violated the prohibition of drinking driving regulations on two occasions, on June 14, 2016, the Defendant driven a vehicle from the 500-meter section B to the original intersection, such as the principle of Eup, etc., from the front of a restaurant near the Yacheon-distance in the Paju City, in the influence of alcohol level 0.102% under the influence of alcohol during the influence of alcohol at around 22:30 on June 14, 2016.

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: References to inquiries, investigation reports, and application of summary order statutes, such as criminal history;

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 records of the defendant's drinking, drinking volume, and other circumstances of his/her age, sex, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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