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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단774
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 28, 2009, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating road traffic law (drinking) in the Goyang Branch of the District Court of the Republic of Korea on December 28, 2009, and on November 18, 2010, to a suspended sentence of 2 months for the same crime in the same court.

On March 14, 2016, the Defendant driven a BS-type car under the influence of alcohol content of about 700 meters in front of a restaurant, which is located in the 104-dong, Seo-gu, U.S., Seo-gu, Seo-gu, Seo-gu, Seo-gu, Pyeong-si, Pari-si. from the 104 neighboring roads to the 104-dong, Pari-si, Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Records of judgment: Application of inquiry letter, investigation report (the same type of previous conviction and confirmation) and other relevant 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. Consideration of the observation of protection and order to provide community service and order to attend a lecture against mistake in sentencing under Article 62-2 of the Criminal Act, four times the driving force of drinking, the drinking numerical value and the distance of driving, etc.;

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