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(영문) 의정부지방법원 고양지원 2017.12.15 2017고단2991
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on the same day, and on December 19 of the same year, the same court issued a summary order of KRW 3 million for the same crime.

Defendant was punished as a crime of violating the Road Traffic Act (drinking) by driving a motor vehicle under the influence of alcohol not less than twice, and around September 3, 2017, around 02:10, the Defendant driven a scoo motor vehicle B under the influence of alcohol with approximately 0.107% alcohol concentration in the 10km section of 0.107% in front of the local lower portion of the scoo vehicle located in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, and application of relevant statutes;

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. Fully considering the defendant's records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act, the developments leading up to the detection of the case, the amount of alcohol concentration in blood, and other various circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered, shall be determined.

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