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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단2898
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

[criminal history] The Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on October 10, 2014. On August 9, 2017, the Defendant was charged with a summary order of a fine of five million won for the same crime with the same court on August 9, 2017 and currently pending trial.

[Criminal facts] On August 28, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.176% from the front road of the “singing room” to the front road of “sing room”, which is located in the top of the 23:15 Sinju City, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of alcohol appraisal and the control of drinking driving during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment, such as a copy of summary order);

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. 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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol since 2014 by committing the instant crime.

However, there is no criminal record of drinking, which is against the defendant and punished beyond a fine.

In addition, the punishment shall be determined as ordered in consideration of the motive and background of the vehicle, driving distance, etc., and all of the sentencing conditions identified in the course of the trial.

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