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(영문) 의정부지방법원 2016.12.16 2016고단4866
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 June 24, 2008, the Defendant received a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on June 27, 2008, a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on June 27, 2008, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on April 7, 2011.

On November 8, 2016, when the Defendant had had a history of driving two or more times, the Defendant driven a rash car with a blood alcohol concentration of about 0.08% in the 1km section from 108 U.S. to 102 parking lots of Jinyang-si, Namyang-si, Namyang-si, Jinyang-si, Jinyang-si, Jinyang-si, Jinyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's 4-time punishment due to drinking or unlicensed driving: The defendant recognized the crime of this case and seriously reflects the fact that there is no record of punishment exceeding the fine; the blood alcohol concentration in this case is relatively low and the driving distance is relatively short; and the defendant's age, character and behavior, environment, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various factors of sentencing as shown in the argument of this case, such as the following factors.

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