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(영문) 의정부지방법원 2017.09.07 2017고단3194
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2009, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law (drinking) from the Changwon District Court’s Tongwon District Court’s Tongwon District Court’s common order on February 15, 2013 to a fine of KRW 5 million for the same crime, respectively.

On June 27, 2017, at around 07:45, the Defendant driven a B coke-do vehicle under the influence of alcohol content of about 0.187% at a section of approximately 3km in the direction of “Nean Oil station” located in 1109, a Dok-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si, Dopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Investigation report (report on the situation of the driver in charge); and

1. A written consent to blood collection, a request for appraisal, or an appraisal of alcohol in the blood;

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

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 punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.

- Criminal records of a serious reflect, of a stay of execution or more, of a social relationship clear, with excessive difficulty for the family members of the defendant - Other criminal records of a series of times;

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