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(영문) 의정부지방법원 2017.06.13 2017고단487
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

On December 23, 2011, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (dacting driving), and on November 11, 2013 to a fine of KRW 6 million due to a violation of the Road Traffic Act (dacting driving) in the Sungnam Branch of Suwon District Court.

Criminal facts

On January 18, 2017, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, driven a CAR vehicle in the influence of alcohol at approximately 0.075% from the section of approximately 3km to the 3km-si, Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Suyang-si, the Suyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The six times before and after drinking alcohol is driving, and the one time during which the former is the one before and after the suspension of execution: The degree of reflectivity, the degree of alcohol content in blood is relatively high (0.075%) and the decision of a sentence that is older than 74 years old: Other consideration of the defendant's character and behavior, environment, motive for the crime, circumstances after the crime, etc.

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