(영문) 의정부지방법원 고양지원 2018.03.30 2017고단2161

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.03.30 2017고단2161

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 April 5, 2007, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and on February 21, 2014, the Defendant was issued a summary order of 2.5 million won of a fine for a violation of road traffic law (driving) at the Seoyang Branch of the Daejeon District Court.

Although the Defendant had a alcohol driving force twice or more as above, on May 31, 2017, the Defendant driven Bone Star Frops under the influence of alcohol concentration of about 0.096% from the 3km section of the blood alcohol concentration to the front road of the oil station located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City, 1042 at the center of the Gyeonggi-gu, Seoyang-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of past records on drinking at least twice the driving of drinking), copy of judgment, and application of Acts and subordinate statutes of a summary order;

1. Article 148-2 of the Criminal Act applicable to the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act that choose the penalty (the choice of imprisonment);

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. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.; and (c) the sentencing as indicated in the records and arguments on changes, the sentence as ordered shall be

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