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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단2374
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

On April 1, 2010, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 1, 2010, and on August 8, 2016, the Seoul Southern District Court issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving).

On July 10, 2016, around 00:33, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice, driven a DNA motor vehicle while under the influence of alcohol of 0.074% in a section of approximately 500 meters for department stores in the same Dong and driving a DNA motor vehicle in the condition of under the influence of alcohol content of 0.074% in the front of the department stores.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: The results of inquiry and the application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without any special reason, has been driving under the influence of drinking, twice.

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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