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(영문) 의정부지방법원 2016.10.21 2016고단3296
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 August 21, 2009, the Defendant issued a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on August 21, 2009, and on April 28, 2011, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Jung-gu District Court on April 28, 201.

On July 31, 2016, at around 21:05, the Defendant driven B rocketing car with a blood alcohol content of about 0.184% at the section of about 2 km from the front of the prosperity road in the Sincheon-si, Sincheon-si to the front of the Macheon-si located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same type of power judgment, etc.), application of statutes on judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 that are favorable to the defendant's recognition of the crime of this case and that there is no record of punishment exceeding the fine due to the same criminal record, the defendant's age, character and behavior, environment, means and result of the crime, etc., and the various sentencing conditions as shown in the arguments of this case, including the circumstances after the crime, etc., shall be determined as the same as the order.

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