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(영문) 의정부지방법원 고양지원 2016.10.07 2016고단2179
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 January 31, 2008, the Defendant was sentenced to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch on January 31, 2008, and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on November 13, 2013.

At around 21:30 on June 14, 2016, the Defendant driven a motor vehicle in the Spact area B while under the influence of alcohol of about 500 meters from the distance of 0.133% of alcohol content to the spactbridge in the direction of the spactridge located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si to the front of the spactbridge located in the same 7-3.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he had a history of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes governing inquiry reports and summary orders appended to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he had a record of drunk driving twice or more, was driving under the influence of alcohol without any special reason.

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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