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(영문) 의정부지방법원 고양지원 2016.10.27 2016고단1953
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] The defendant is a person who has been issued a summary order of KRW 5 million on November 28, 2008, including the records of being issued a summary order of KRW 5 million for a violation of the Road Traffic Act, in the Goyang Branch of the Jung-gu District Court on November 28, 2008.

【Criminal Facts】

On July 2, 2016, at around 05:10, the Defendant driven B 5 Doz car under the influence of alcohol concentration of approximately 0.105% from the 5km section to the front road of the Goyang-gu Goyang-gu Goyang-dong, Goyang-gu, Goyang-si, Yangyang-si, Goyang-si, 05:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records), application of statutes governing judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant driven a drunk driving five times due to the instant crime.

Blood alcohol concentration is not low.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant is against the defendant, the time and circumstances of regulation, the age, character and conduct, family relationship, etc. of the defendant, and the sentencing conditions identified in the process of trial and trial.

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