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(영문) 의정부지방법원 고양지원 2017.03.02 2016고단3639
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 July 8, 2010, the Defendant was sentenced to a suspended sentence of five months for a crime of violating the Road Traffic Act (drinking), etc. in the Gyeyang-gu District Court's high support on July 8, 2010. On October 25, 2012, the Defendant was sentenced to a fine of ten million won for a crime of violating the Road Traffic Act (drinking) in the Jung-gu District Court's high support on October 25, 2012.

Criminal facts

On December 2, 2016, at around 14:45, the Defendant driven a B car under the influence of alcohol content of about 0.053% from the 1.5km section from the blood to the 74-6th road of the Priju-si, Priri-si, Pri-si, Priri-si, Priju-si, Pri-si, Priju-si, Priju-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of Acts and subordinate statutes to inquiries, such as an investigation report (Attachment to Judgment, etc.), judgment text, etc.;

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. 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. Consideration of the records of the same crime for the reason of sentencing under Article 62-2 of the Criminal Act, the concentration of alcohol in blood, the circumstances of driving, etc.;

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