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(영문) 의정부지방법원 고양지원 2017.10.19 2017고단2305
도로교통법위반(음주운전)등
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

【The Defendant had a record of having been sentenced to a fine of three million won for a crime of violating the Road Traffic Act (dacting driving) in the Goyang-gu District Court on March 21, 2016, and two million won for the same crime in the same court on June 7, 2017.

【Criminal facts” from May 31, 2017 to September 7, 2017, the Defendant driven BM3 car under the influence of alcohol content of about 0.208% from the section of approximately 1km to the commercial building, from July 26, 2017, from July 26, 2017, and from around 11 to the same 4 square village.

Therefore, even though the Defendant violated the provision prohibiting driving under the influence of alcohol more than twice, the Defendant was driving while under the influence of alcohol, and at the same time driving during the suspension period of driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, (A), a report on investigation (referring to the summary order in the same case), and a summary order under the statutes governing the summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (including the records of the same kind of crime, the concentration of alcohol in blood, the circumstances of driving, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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