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(영문) 의정부지방법원 고양지원 2017.07.20 2017고단1327
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 28, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the same court on August 23, 2013.

Although the Defendant had a alcohol driving force twice or more as above, on April 19, 2017, the Defendant driven a B-hurd-hurd-hurd-hurd-hurd-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurged-hurg-hurged-hurged-hurg-hurged-hurg-hurg-hurged-hurg-hurg-hurg-hurg-hurg

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (Evidence List No. 12) by 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there has been three times of punishment due to drinking driving, the fact that drinking values are favorable to 0.179%: the fact that the crime is recognized and the personal injury is not caused, and the punishment such as the order shall be determined by taking into account all the conditions for sentencing specified in the pleadings of this case, such as the distance of movement, the age of the defendant, sexual conduct, environment, family relationship, and circumstances after the crime.

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