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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단1407
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 January 28, 2011, the Defendant was sentenced to a fine of KRW 3.5 million by the Seoul Eastern District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the Seoul Central District Court on February 9, 2011.

Criminal facts

On April 21, 2016, around 22:35, the Defendant driven B physical string vehicle under the influence of alcohol content 0.078% from the section to the front road of the same lux acid road in front of the luxian shopping mall in the luxian city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the report on the status of a drinking driver, and the inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (report attached to judgments);

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 grounds for sentencing under Article 62-2 of the Criminal Act, the criminal records, blood alcohol concentration, etc. of orders to provide community service and attend lectures;

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