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(영문) 의정부지방법원 고양지원 2017.10.13 2017고단1785
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 12, 2009, the Defendant received a summary order of KRW 2 million as a fine for a crime of violating road traffic law (drinking) from the Jung-gu District Court Goyang branch on October 12, 2009, and on May 4, 201, the same court received a fine of KRW 2 million as the same crime.

On June 6, 2017, the Defendant driven Done Star Corma under the influence of alcohol content of about 0.094% from the 1km section to the same 60-way road from the 35 ridged Donyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of past records at least twice the driving of drinking alcohol), and a copy of summary order;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflectivity, and circumstances unfavorable to the person who has no record of the same kind of punishment exceeding the fine: Two times the same record of punishment; and

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