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(영문) 의정부지방법원 고양지원 2016.06.30 2016고단709
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 July 2, 2009, the Defendant was sentenced by the Seoul Northern District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 7, 2010, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on July 12, 2013.

Although the Defendant had been able to drive alcohol more than twice as above, from March 11, 2016 to March 17:40 of the same day, the Defendant driven B car under the influence of alcohol with approximately 0.085% alcohol content from the 15km section at the front of the village entrance until the area of the area located in the Taedong-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City from the ridge on the roads of Taedong-dong to the front of the village entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Investigation report (to hear statements by police officers in charge of crackdown- to confirm the police officers in charge of crackdown);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations and attachment of written judgments) and statutes shall apply;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a motor vehicle drinking four times due 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 identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.

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