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(영문) 의정부지방법원 고양지원 2016.12.01 2016고단2991
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant issued a summary order of KRW 1.5 million at the Seoul Western District Court as a crime of violation of the Road Traffic Act, and KRW 4 million at the Incheon District Court on October 1, 2010, respectively.

On September 24, 2016, around 23:48, the Defendant driven B K3 car under the influence of alcohol content of about 0.094% from the front of the restaurant in the mutual influenite-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu to the front road of the Pudong 1002-2 of the 100-dong, Seoyang-gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes concerning summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: The records of the defendant's drinking alcohol, drinking alcohol, circumstances after the crime, and other factors such as the age, character, conduct and environment of the defendant;

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