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(영문) 의정부지방법원 2016.10.28 2016고단3184
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 March 19, 2009, the Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 19, 200, and a summary order of KRW 1.5 million as a fine from the same support to the same crime on October 21, 201, and was punished twice or more as a violation of the Road Traffic Act (driving).

On April 29, 2016, at around 01:30, the Defendant driven a B-man car with a blood alcohol content of about 0.121% from the 3km section from the front of a cafeteria located in the Sincheon-si, Sincheon-si, Sincheon-si to the front of a restaurant in the same Sincheon-si, Sincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on 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 punishment for a fine twice due to drinking driving: The defendant's recognition of the crime of this case and seriously reflects the fact that there is no record of punishment exceeding the fine, and the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined by taking into account various factors of sentencing as shown in the arguments of this case, such as the age, character and conduct

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