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(영문) 의정부지방법원 고양지원 2017.01.19 2016고단3500
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 March 14, 2008, the Defendant was sentenced to a fine of KRW 700,00,000 to a fine for a violation of road traffic laws (driving), a fine of KRW 2 million by the same court on April 15, 2009 to a violation of road traffic laws (driving), and a fine of KRW 2.5 million by the same court on December 12, 201 to a violation of road traffic laws (driving under drinking), respectively.

On November 10, 2016, at around 21:38, the Defendant driven B cargo vehicles with alcohol content of 0.112% in a distance of about 200 meters from the place of business of the registration of a vehicle in the Pakistan-si, Seoul Special Metropolitan City to the mountain of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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 (the previous confirmation);

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 various sentencing conditions, such as the defendant's age, sex, environment, etc.

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