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(영문) 의정부지방법원 고양지원 2018.01.25 2017고단3647
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

[criminal history] On December 13, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and on July 13, 2015, the Defendant received a summary order of KRW 4.5 million as the same crime in the same court.

[Criminal facts] On November 30, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 1km from around 00:59 to about 0.064% of alcohol level in the front of the gold village located in the gold village in the Geum-dong in the same Si-dong from the street in the same Si-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate 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. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol since 2007, as the instant crime.

However, there is no criminal record of drinking, which is against the defendant and punished beyond a fine.

In addition, the punishment shall be determined as ordered in consideration of the motive and background of the vehicle, driving distance, etc., and all of the sentencing conditions identified in the course of the trial.

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