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(영문) 의정부지방법원 고양지원 2016.07.14 2016고단798
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

[criminal history] On July 13, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of road traffic law at the Seoul Eastern District Court, and a summary order of KRW 1.5 million as a crime of violation of road traffic law at the Seoul Southern District Court on December 24, 2010.

[2] On March 18, 2016, around 00:24, the Defendant driven B SP car in the state of alcohol with approximately KRW 0.119% alcohol concentration in blood at the 1km section from the 1k-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 1324 to the 00:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order, 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. The Defendant, on the ground of sentencing Article 62-2 of the Criminal Act, driven a three-time drinking alcohol due to the instant crime.

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

In addition, the sentencing conditions identified in the records of this case and the trial process of this case, such as the situation at the time of detection, shall be determined as per the order.

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