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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단2133
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

[criminal power] The Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) in the Gyeyang-gu District Court on May 27, 2013, and a fine of KRW 4,50,000 for a violation of the Road Traffic Act in the same court on June 25, 2015.

【Criminal Facts】

On July 23:25, 2016, the Defendant driven B sm3 motor vehicles under the influence of alcohol concentration of about 30 meters at a distance of about 0.063% from the front of a restaurant in which it is impossible to know the trade name in the literature and mountain of the Seosan-si, Seosan-si. The Defendant driven B m3 motor vehicles under the influence of alcohol concentration of about 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Details of management and inquiry of the report on the status of driving on the driving on the drinking house and on the launch of the drinking house;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was driving under drinking three times from 2013 to the instant crime.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions grasping the records of this case and the trial process of this case, such as the fact that blood alcohol concentration is relatively low, shall be determined as per the order.

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