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(영문) 의정부지방법원 고양지원 2017.08.30 2017고단2164
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 September 11, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court, and on April 30, 2008, a fine of KRW 2 million as the same crime in the same court.

Although the Defendant had a alcohol driving force twice or more as above, on June 29, 2017, around 23:25, the Defendant driven a Bsch Rexton car under the influence of alcohol content of 0.139% from the road front of the mutual influorial fluoral fluor’s glass located in the Seodaemun-gu Gyeonggi-gu, Gyeonggi-do, Seoul Special Metropolitan City to the front road of the oil route located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, it is reasonable to consider the defendant's attitude to reflect the crime of this case.

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

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