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(영문) 의정부지방법원 고양지원 2016.12.09 2016고단2854
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 19, 2008, the Defendant received a summary order of KRW 5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on May 19, 2008, and a fine of KRW 1.5 million for the same crime in the same court on June 10, 2015.

On August 19, 2016, around 22:40, the Defendant driven B Poter cargo in the state of alcohol alcohol concentration of about 0.110% from the 3km section from the 3km of the white village apartment complex located in Yongsan-gu, Seoyang-gu, Manyang-gu to the new IC road located in the same Sinyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, and criminal investigation reports (verification of suspect records and summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. To take into account the violation of the reason for sentencing under Article 62-2 of the Criminal Act, two times the drinking driving force including the punishment of suspension of execution, drinking value and driving distance, etc.; and

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