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(영문) 의정부지방법원 2016.11.04 2016고단1704
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Seoul Northern District Court on December 17, 2009, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, on August 23, 2012, a summary order of KRW 3.5 million for the same crime at the Jung-gu District Court on August 23, 2012, and a summary order of KRW 5 million for the same crime at the same court on January 11, 2013, and was punished two times or more for a violation of the Road Traffic Act (driving).

On April 19, 2016, at around 16:50, the Defendant driven a car in the Bnish Island with a blood alcohol content of about 0.060% under the influence of alcohol from approximately 15km to the front of the river resting area in the south of Chuncheon-si, the river located in the Guncheon-gu, the Nam-do to the front of the Yando-ro 763 square-ro, Sinyeong-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished for drinking or unlicensed driving; (b) on the other hand, the Defendant reflects his depth while recognizing the instant crime; (c) the degree of blood alcohol in the instant case is relatively low; and (d) the Defendant’s age, character and behavior, environment, means and consequence of the instant crime; and (d) other factors of sentencing as indicated in the instant pleadings, including the circumstances after the commission of the crime.

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