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(영문) 의정부지방법원 고양지원 2016.04.01 2016고단253
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 19, 2012, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on March 19, 2012, and was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at the Jung-gu District Court on February 15, 2013.

On December 22, 2015, the Defendant driven a car with approximately KRW 500m alcohol content of approximately 0.097% in blood, while under the influence of alcohol content of around 0.097% in front of a comprehensive household, from the Yancheon-gu Eup, Yaju-si, Yaju-si to the same Eup’s salary grade of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquiries, such as criminal history, and the details of inquiries about primary reports on management;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Although the Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are contrary to the Act on the Mitigation of Small Quantity, considering that the Defendant’s conviction, including the record of suspended sentence, was not more than one year after the end of the grace period even though the previous record of drinking, including the record of suspended sentence, was three times, a sentence is inevitable.

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