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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단1308
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 23, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 23, 2015, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on May 16, 2016, respectively.

On April 28, 2018, the Defendant driven B rocketing car under the influence of alcohol with approximately 0.085% alcohol concentration from the 2km line from the mutual influence in Jeonju to Jeonju City, from the 2km line before Jeonju, to the Jeonju Toluth.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.

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