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(영문) 의정부지방법원 고양지원 2017.10.12 2017고단2327
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 21, 2008, the Defendant was 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 21, 2008, and KRW 3.5 million for the same crime at the Seoul Western District Court on April 16, 2012.

Nevertheless, at around 00:13 on June 30, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.185% from a portion of about 150 meters from the apartment road to the oil route located in the same Eup/Myeon from the front of the apartment complex, located in the Dong-dong-dong, Dong-dong, Dong-dong, Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, 871.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol since 2007, as the instant crime.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the motive of the crime, driving distance, and all of the sentencing conditions identified in the records of this case and the trial process.

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