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(영문) 의정부지방법원 고양지원 2016.06.28 2016고단909
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 24, 2008, the Defendant was notified of a fine of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) in the Goyang Branch of the District Court (Seoul District Court), and on April 25, 2014, the Defendant was notified of a fine of KRW 3 million for the same crime in the same court.

2. On March 16, 2016, the Defendant driven a BN-si car in the state of alcohol alcohol content of approximately 0.107% from a section of approximately 300 meters away from the road near an Eup/Myeon of aptitude in the face of Papju on March 16, 2016 to the road front of the Dong-Eup bank protection wall in the same Dong-Eup.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to the same type of judgment attached thereto);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's records of drinking, drinking volume, and other age, sexual behavior, environment, etc.

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