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(영문) 의정부지방법원 고양지원 2016.07.01 2016고단1290
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 30, 2009, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Seoul Western District Court on November 30, 2009, and was sentenced to a fine of KRW 5 million for the same crime in the same court on April 22, 2013.

On March 31, 2016, the Defendant driven a B-hand car under the influence of alcohol concentration of approximately 0.153% at a distance of about 300 meters from the upper right of the T-C road in the Dong-gu Dong-gu, Busan Metropolitan City to the front right of the MBC located in the Dong-gu, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Efaging a photograph of the skin vehicle;

1. Criminal records indicated in the judgment: Application of an inquiry letter, summary order-making statute;

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. Consideration of protection and observation, order to provide community service and order to attend a lecture against the grounds for sentencing under Article 62-2 of the Criminal Act, four times the driving force of drinking, the amount of drinking alcohol is significant, the circumstances of the crime, driving distance, etc.;

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