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(영문) 의정부지방법원 고양지원 2016.07.15 2016고단1122
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 19, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on February 19, 2014, a summary order of KRW 8 million from the Incheon District Court to a crime of violating the Road Traffic Act.

On 06:30 on 24, 2016, the Defendant driven a B Car under the influence of alcohol concentration of 0.079% at a 0.079%, from the day on which the Defendant was under the influence of alcohol during blood, to the front road of the 2-day fire station in the Seo-gu, Seo-gu, Seo-gu, Busan Metropolitan City from the day on which the Defendant was under the influence of the Defendant’s driving of the B Car under the influence of alcohol concentration of 0.079%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report, etc. on the driver in charge;

1. On-site photographs;

1. Criminal records as stated: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to the judgement) and 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. Taking into account the fact that the reason for sentencing is against Article 62-2 of the Criminal Act, the fact that there are two times the driving force of drinking, the drinking value and driving distance, etc.; and

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